166 Conn. App. 48
Conn. App. Ct.2016Background
- Child Leilah born Sept. 2, 2013; mother tested positive for drugs and Department of Children and Families (DCF) obtained temporary custody in Oct. 2013. Father (Richard L.) was identified by paternity test in March 2014. Leilah was adjudicated neglected Feb. 11, 2014 and committed to the petitioner.
- Father was incarcerated much of the child’s life; released to a halfway house shortly before trial and subject to residency restrictions that precluded custody until July 2016.
- DCF filed a termination petition May 19, 2015; amended Aug. 5, 2015 to add the § 17a-112(j)(3)(B)(i) failure-to-rehabilitate ground (child previously adjudicated neglected).
- Trial on the amended petition occurred Oct. 5, 2015; DCF social worker testified; father testified and presented witnesses. Court failed to conduct the pretrial canvass required by In re Yasiel R. before trial, but performed a canvass after the close of evidence on Oct. 7, 2015.
- Trial court found by clear and convincing evidence both (1) failure to rehabilitate within a reasonable time given Leilah’s age and needs, and (2) lack of an ongoing parent–child relationship; termination of parental rights was ordered and DCF appointed statutory parent.
Issues
| Issue | Plaintiff's Argument (Commissioner/DCF) | Defendant's Argument (Richard L.) | Held |
|---|---|---|---|
| Whether failure to perform pretrial Yasiel R. canvass requires new trial | Late canvass cured error; no prejudice shown; court’s post-trial canvass substantially complied | Pretrial canvass required by supervisory rule; post‑trial canvass was untimely and could not protect rights | No new trial; post‑trial canvass and record showed father understood rights and was not prejudiced |
| Whether clear‑and‑convincing evidence supported termination under § 17a‑112(j)(3)(B)(i) (failure to rehabilitate) | Evidence (incarceration history, untreated bipolar disorder, substance abuse, domestic violence, lack of housing/employment, limited parent–child bond) showed father could not reasonably rehabilitate in time for child's needs | Father had completed in‑custody programs, is released to halfway house with services, committed to reunification; incarceration and past events shouldn’t be decisive | Affirmed: court reasonably concluded father failed to achieve rehabilitative status sufficient to assume a responsible role within a reasonable time for a young child |
Key Cases Cited
- In re Yasiel R., 317 Conn. 773 (Conn. 2015) (supervisory rule requiring brief pretrial canvass of parents in termination proceedings)
- State v. Smith, 275 Conn. 205 (Conn. 2005) (violation of supervisory directive does not automatically require reversal; actual harm must be shown)
- In re Shane M., 318 Conn. 569 (Conn. 2015) (standard for assessing failure to rehabilitate under § 17a‑112)
- In re Daniel N., 163 Conn. App. 322 (Conn. App. 2016) (application of Yasiel R. canvass requirement retroactively in termination context)
- In re G. Q., 158 Conn. App. 24 (Conn. App. 2015) (definition and elements of failure‑to‑rehabilitate ground)
- State v. Golding, 213 Conn. 233 (Conn. 1989) (framework for appellate review of unpreserved constitutional claims)