138 Conn. App. 606
Conn. App. Ct.2012Background
- The department filed four petitions in 2011 to terminate Stacey S.'s parental rights to Messiah, Aziza, Jazira, and Kifayeh based on failure to rehabilitate.
- Eric B. sought guardianship transfers of Aziza, Jazira, and Kifayeh to his sister Lisa B.-J.; Stacey moved to transfer guardianship herself.
- Trial occurred in November 2011; memorandum filed January 6, 2012 terminating rights for failure to rehabilitate and denying guardianship transfer.
- Stacey has a long history with the department beginning in 2005, involving substance abuse, mental health, housing instability, and domestic violence.
- Messiah was placed in protective custody in 2009 and adopted by a foster family; the other three children were living in foster care with potential adopters at the time of trial.
- The court found Stacey’s rehabilitation insufficient and concluded termination and denial of Lisa B.-J.’s guardianship transfer were in the children’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly denied recusal. | Stacey asserts bias and appearance of bias in the court. | Court denied recusal; trial proceeded without bias. | No abuse of discretion; no judicial bias established. |
| Whether the court independently analyzed best interests under § 17a-112(j)(2). | Argues the court copied from other cases and failed independent analysis. | Court conducted independent analysis based on record evidence. | Court properly analyzed best interests; findings supported. |
| Whether denial of transfer of guardianship to Lisa B.-J. was an abuse of discretion. | Lisa B.-J. would not provide permanency; transfer would not serve children’s needs. | Foster parents could adopt and maintain relationship with Stacey; Lisa unsuitable. | Court did not abuse discretion; guardianship transfer denied. |
Key Cases Cited
- In re Halle T., 96 Conn. App. 815 (Conn. App. 2006) (limits on verbatim copying and requires sufficient evidence-based findings)
- Grayson v. Grayson, 4 Conn. App. 275 (Conn. App. 1985) (not per se denial of fair trial when findings are supported by evidence)
- In re Katia M., 124 Conn. App. 650 (Conn. App. 2010) (time, stability, and permanency considerations in best interests)
- In re G.S., 117 Conn. App. 710 (Conn. App. 2009) (decision read in light of whole record; consideration of child welfare factors)
- In re Brea B., 75 Conn. App. 466 (Conn. App. 2003) (admonitions on best interests standard in termination proceedings)
- In re Sheena I., 63 Conn. App. 713 (Conn. App. 2001) (clear and convincing standard; review of evidentiary support)