141 Conn. App. 477
Conn. App. Ct.2013Background
- Paul O. (born Feb. 2009) was removed from his mother in Nov. 2009 due to hazardous living conditions.
- The department filed neglect and sought temporary custody; the court granted custody to the department and found Paul neglected.
- In 2011 the court committed Paul to the department and approved a permanency plan with reunification as to the respondent.
- A TPR petition was filed in July 2011 (amended Nov. 2, 2011), with a plan of termination and adoption and a concurrent reunification plan for the respondent.
- The 2012 trial culminated in a memorandum terminating the rights of both parents; the mother’s appeal was not challenged by her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the department made reasonable efforts to reunify | Respondent argues efforts were not reasonable given mental health issues | Commissioner contends department provided numerous services and referrals | Reasonable efforts found; supported by services and visits |
| Whether the respondent was unwilling or unable to benefit from services | Respondent contends he could benefit from services but court erred | Department proved only one pathway sufficient if reasonable efforts established | Court need not decide this issue because reasonable efforts were already established |
Key Cases Cited
- In re Jah’za G., 141 Conn. App. 16, 60 A.3d 392 (2013) (standard for reviewing reasonable efforts; weight given to trial court’s findings)
- In re Melody L., 290 Conn. 131, 962 A.2d 81 (2009) (adjudicatory vs. dispositional phase; timing of evidence on reasonable efforts)
- In re Shaiesha O., 93 Conn. App. 42, 887 A.2d 415 (2006) (adjudicatory restriction on evidence window for reasonable efforts)
- In re Jorden R., 293 Conn. 539, 979 A.2d 469 (2009) (two-clause conjunctive requirement for §17a-112(j)(1) sufficient if either element proven)
- In re Anvahnay S., 128 Conn. App. 186, 16 A.3d 1244 (2011) (alternative grounds for termination; reunification efforts analysis)
- In re Kamari CL., 122 Conn. App. 815, 2 A.3d 13 (2010) (appellate reweighing not permitted; defer to trial court’s factual findings)