135 Conn. App. 381
Conn. App. Ct.2012Background
- Petition to terminate parental rights was adjudicated; trial court found abandonment under §45a-717(g)(2)(A) and no ongoing parent-child relationship under §45a-717(g)(2)(C).
- Dispositional phase found termination in N's best interest under §45a-717(g)(1).
- Respondent father Allen B., self-represented, challenges the abandonment and best-interests findings and ineffective assistance claim.
- Appellate review adheres to clear-error standard, with deference to trial court judgments and adopted memorandum of decision for factual/legal analysis.
- Court adopts the related Superior Court memorandum as the proper statement of facts and law; ineffective-assistance claim is deemed abandoned for lack of analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment finding supported | B. contends abandonment lacks proof. | State argues clear and convincing evidence supports abandonment. | Abandonment supported |
| No ongoing parent-child relationship established | B. argues relationship existed or could be established with time. | Court properly found no ongoing relationship under §45a-717(g)(2)(C). | No ongoing parent-child relationship found |
| Best interests termination proper | Termination warranted for N's best interests. | Best interests adequately supported by record and statute. | Termination in N's best interests affirmed |
| Ineffective assistance claim | Counsel ineffective; numerous alleged failures. | Claim improperly argued and insufficiently supported under standards. | Claim abandoned; not reached merits |
Key Cases Cited
- In re Sarah S., 110 Conn.App. 576 (2008) (clear-error standard and appellate deference in TPR)
- In re Justice V., 111 Conn.App. 500 (2008) (standard of review and statutory considerations in TPR)
- In re Mariah P., 109 Conn.App. 53 (2008) (liberal treatment of self-representation; relevance to procedure)
- Baker v. Baker, 95 Conn.App. 826 (2006) (abandonment-/motion-briefs deficiencies; procedural latitude for self-reps)
- In re Alexander V., 223 Conn. 557 (1992) (parents' right to counsel and effective assistance in TPR proceedings)