In re Walker C., 195 Conn.App. 604

Respondent mother had a long history (since 2009) of alcohol/substance abuse, multiple incidents of apparent intoxication in the presence of her children, arrests, and unsafe supervision.
DCF/Commissioner repeatedly offered treatment and services; mother missed/avoided many sessions and failed most random urine screens.
Child was removed, adjudicated neglected, placed in foster care, and the Commissioner filed a termination petition under General Statutes § 17a-112(j)(3)(B)(i) (failure to rehabilitate); petitioner sought termination and appointment of a statutory parent (not guardianship).
At trial the child’s attorney acknowledged the adjudicatory evidence but indicated the foster mother preferred a permanent transfer of guardianship over termination; the petitioner nonetheless pursued termination and statutory parent appointment.
The trial court found by clear and convincing evidence that the mother failed to rehabilitate and that termination was in the child’s best interests; mother appealed arguing (1) the court misstated the child attorney’s position and (2) the court should have ordered permanent guardianship.
The Appellate Court held the trial court’s one-sentence summary of the child attorney’s position was inaccurate but not a finding (and harmless in any event given overwhelming evidence); the guardianship claim was not raised at trial and is unreviewable/waived—judgment affirmed.

Issue	Commissioner's Argument	Respondent's Argument	Held
Whether the trial court erred in stating the child’s attorney argued for termination	The court’s sentence was counsel argument (not evidence); any characterization error is harmless given clear-and-convincing proof of failure to rehabilitate and best-interest findings	Child’s counsel actually preferred permanent guardianship; the court’s statement mischaracterized that and was not harmless because guardianship evidence favored a different dispositional outcome	The court’s summary was inaccurate but not a factual finding; if error, it was harmless because abundant evidence supported termination; affirmed
Whether the court should have ordered a permanent transfer of guardianship instead of termination	Issue was not raised or litigated by respondent at trial; petitioner did not seek guardianship; foster mother was willing to adopt if court ordered termination	Trial evidence (including child counsel’s statements and a DCF report) showed permanent guardianship would better serve the child’s interests	Claim was raised for the first time on appeal, is waived / inadequately preserved and not reviewable; appellate reversal would reward a party’s inconsistent trial-to-appeal strategy; affirmed

In re Quamaine K., 164 Conn. App. 775 (Conn. App. 2016) (lays out two-phase termination framework: adjudication then dispositional best-interest analysis)
PSE Consulting, Inc. v. Frank Mercede & Sons, Inc., 267 Conn. 279 (Conn. 2004) (appellant bears burden to show an error was harmful)
State v. Ramirez, 101 Conn. App. 283 (Conn. App. 2007) (harmless error standard—whether the error likely affected the result)
In re Lukas K., 120 Conn. App. 465 (Conn. App. 2010) (deference to trial court findings in termination appeals)
Connolly v. Connolly, 191 Conn. 468 (Conn. 1983) (motions must be filed to give orderly process and satisfy due process)
State v. Braswell, 145 Conn. App. 617 (Conn. App. 2013) (argument of counsel is not evidence)
Nweeia v. Nweeia, 142 Conn. App. 613 (Conn. App. 2013) (disfavors allowing parties to assert a different, contradictory position on appeal)