In Re Paul O., 125 Conn. App. 212

Minor Paul born Feb. 4, 2009. Respondent mother custody issues post-september 2009 medical visits.
Nurse practitioner Stone observed unsafe infant-sitting posture and incoherent medical history questions by mother.
Department received concerns and unannounced visit revealed unsafe sleeping arrangements and dirty apartment.
Bruised foot on Paul; mother claimed prior plate fell on foot; no immediate medical treatment sought.
Department placed Paul in 96-hour hold; court granted temporary custody after ex parte petition.
Supervised visits and reunification efforts discussed; mother declined Yale safety program; mental health history disclosed by mother.
Trial court found imminent risk of physical harm if Paul returned to mother's care; order of temporary custody sustained.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Paul would remain in imminent risk if returned	Mother argues no ongoing danger if home improved	Department argues ongoing safety concerns persist	Yes, imminent risk supported
Impact of apartment condition on risk assessment	Respondent claims later cleanup undermines danger	Record shows prior unsanitary, unsafe conditions indicates danger	Yes, supported by evidence of prior conditions
Relevance of mother's mental illness to parental fitness	Mental illness irrelevant to parenting ability	Mental illness affects functioning as a parent	Mental illness relevant to parenting capacity and judgment
Parental judgment and safety concerns (bracelet, choking risk, etc.)	Mother exercised sound judgment	Evidence shows dangerous decisions	Evidence supports concern for judgment and safety]

In re Kelsey M., 120 Conn.App. 537 (2010) (review of temporary custody findings under a fair preponderance standard; clearly erroneous if wrong in light of evidence)
In re Nicolina T., 9 Conn. App. 598 (1987) (mental illness relevant to ability to function as parent in termination context)