132 Conn. App. 652
Conn. App. Ct.2011Background
- The Department of Children and Families filed to terminate the mother’s and father’s parental rights to Valerie G., who had previously been committed to DCF for neglect.
- Valerie suffers from Turner syndrome with complex medical and behavioral needs requiring high-level caregiving and specialized services.
- The maternal grandmother sought intervention and later sought transfer of guardianship, which the court denied.
- Valerie’s mother has cognitive/psychological deficits and struggled with mental health and substance issues, affecting parenting capacity.
- An evidentiary hearing lasting five days culminated in a judgment terminating the mother’s rights and denying transfer of guardianship to the grandmother.
- The appellate court consolidated the appeals, affirmed the trial court’s determinations on termination and guardianship, and denied relief on the motion to open the disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of reunification efforts | Gaston argues DCF failed to reunify adequately. | DCF contends it made reasonable efforts per § 17a-112(j)(1). | Court found efforts reasonable; affirmed. |
| Mother’s rehabilitation sufficient to predict future care | Mother has progressed; rehabilitation could enable future care. | Mother failed to achieve personal rehabilitation to assume responsibility within a reasonable time. | Court’s finding of lack of rehabilitation affirmed. |
| Transfer of guardianship to grandmother | Grandmother should be guardian given love and potential ability. | Court should transfer guardianship if capable caregiver exists. | Court properly denied transfer; grandmother not suitable. |
| Motion to open dispositional phase | Open disposition could address post-termination placements. | No good cause to open; placement post-termination not a factor in termination decision. | Court’s denial of motion to open affirmed. |
Key Cases Cited
- In re Sole S., 119 Conn. App. 187 (2010) (deference to trial court on factual findings in TPR matters)
- In re Christina M., 90 Conn. App. 565 (2005) (termination standards for children with special needs; affirmed on appeal)
- In re Alexander T., 81 Conn. App. 668 (2004) (adverse inference from parental failure to access mental health services)
- In re Sheena I., 63 Conn. App. 713 (2001) (disposition decisions not to be influenced by post-termination housing concerns)
- In re Yarisha F., 121 Conn. App. 150 (2010) (interstate compact considerations governed by statute in guardianship contexts)