In re Raymond B., 166 Conn. App. 856

Mother (Brandy B.) had prior terminations of parental rights to other children and allowed her son Raymond Jr. contact with her abusive, criminally convicted boyfriend despite warnings; DCF removed the child and obtained temporary custody.
Mother pleaded nolo contendere to neglect; child was committed to DCF; a first termination trial resulted in a mistrial and the court gave mother time to rehabilitate.
A second termination trial began in January 2016; mother was represented by active counsel who cross-examined witnesses, objected to evidence, and presented a witness.
Midway through the second day, the trial court sua sponte conducted a detailed canvass of the mother (advising of rights and consequences) in compliance with the supervisory rule announced in In re Yasiel R.
Mother did not object to the timing or content of the canvass at trial, did not move for a mistrial or to reopen evidence, and did not raise the issue until appeal.
Trial court found mother failed to rehabilitate and terminated parental rights under Conn. Gen. Stat. § 17a-112(j)(3)(E); Appellate Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to conduct a pretrial canvass at the very start of the termination trial (per In re Yasiel R.) requires reversal	Petitioner (Commissioner) argued the canvass occurred and remedied concerns; mother understood rights and had active counsel	Mother argued the canvass was required at the start of trial and deviation is reversible error not subject to harmless-error review	Court held canvass given midtrial satisfied Yasiel R.’s purpose; timing error not plain error and did not warrant reversal
Whether unpreserved claim of constitutional error merits Golding review	Commissioner contended record shows no constitutional deprivation because mother had counsel who actively defended	Mother argued Golding review applies because canvass requirement implicates fundamental rights and was not conducted pretrial	Court held Golding’s third prong fails: due process does not require canvass where counsel is active; no constitutional violation shown
Whether plain error or harmless-error analysis applies to canvass timing deviation	Commissioner urged harmlessness and that the trial court cured defect by canvass; mother urged plain error and that any deviation defeats confidence in proceedings	Mother argued deviation from supervisory rule is per se non-harmless	Court applied plain error standard, found no manifest injustice: canvass occurred, counsel actively litigated, mother had prior experience, and no prejudice shown; affirmed

In re Yasiel R., 317 Conn. 773 (2015) (establishing supervisory rule requiring a brief pretrial canvass of parents in termination trials)
State v. Golding, 213 Conn. 233 (1989) (framework for appellate review of unpreserved constitutional claims)
In re Yasiel R., 319 Conn. 921 (2015) (denial of reconsideration addressing expedited resolution concerns)
In re Daniel N., 163 Conn. App. 322 (2016) (Appellate Court ordering new trial where supervisory canvass was not conducted)
In re Leilah W., 166 Conn. App. 48 (2016) (holding late canvass can be harmless where trial record shows understanding and counsel’s active role)
State v. Miller, 150 Conn. App. 667 (2014) (plain error doctrine standards)