In re Devon W.
Opinion
The respondent mother and three of her minor children, Devon W., Alexander S. and Xavier L., appeal from the judgments of the trial court rendered in favor of the petitioner, the commissioner of children and families, terminating her parental rights.
The record reveals the following facts and relevant procedural history. As noted by the court, life has dealt the respondent a difficult hand. At the age of twelve, after having been abandoned by her father, she was removed from her mother’s care as a result of being sexually assaulted by her mother’s partner. In January, 2000, at the age of fifteen, the respondent was hospitalized after experiencing a psychotic episode characterized by voices commanding her to kill her grandmother, siblings and herself. She subsequently was diagnosed with “adolescent anti-social behavior and depressive disorder and suggested mild mental retardation . . . .”
In January, 2002, at the age of seventeen, the respondent gave birth to her first son, Devon. She gave birth to her second son, Alexander, in March, 2005. On March 9, 2005, the department became involved with the respondent after receiving a report that she had appeared at a prenatal appointment with two black eyes. The respondent reported to the department a history of domestic violence with the father of Alexander. As a result, the department opened the case for treatment services, and in July, 2005, the respondent participated in a psychological evaluation with Derek Franklin, a psychologist. Franklin confirmed that the respondent had a history of depression and psychosis, and reported that she had a full scale IQ of fifty-nine, which demonstrated cognitive impairment.
In August, 2005, Leshan B. Hanson, a social worker for the department, visited the respondent to conduct a comprehensive assessment of her condition. The respondent’s mental health issues were the reason for the department’s involvement in her case, coupled with concerns over possible parenting, housing and domestic violence problems. During this visit, Hanson confirmed the respondent’s cognitive limitations, and she learned that the respondent was engaging in a transient lifestyle, living at various times with her mother, aunt and a boyfriend. Additionally, the respondent informed Hanson that Devon had been living with his maternal grandmother since birth.
In September, 2005, the respondent and Alexander moved in with the maternal grandmother and Devon. Shortly thereafter, Hanson learned that the respondent had moved out of that home and had left her children in the maternal grandmother’s care. The department later determined that the respondent had resumed her transient lifestyle and was unable to maintain a stable residence.
On April 18,2006, the petitioner filed neglect petitions on behalf of Devon and Alexander, alleging that the two children had been neglected by being denied proper care and attention and by being permitted to live under conditions, circumstances or associations injurious to their well-being. The petitioner subsequently filed for and was granted an order of temporary custody of Devon and Alexander and, on October 19, 2006, both boys were adjudicated neglected and committed to the care of the petitioner. Following the removal of Devon and Alexander, the petitioner referred the respondent to Community Health Services (Community Health) and the Chrysalis
On November 22, 2006, the respondent gave birth to her third child, Xavier. The petitioner filed for and was granted an order of temporary custody of Xavier a few days after his birth, and, on April 5, 2007, he was adjudicated neglected and committed to the care of the petitioner.
Following these events, the respondent obtained a stable residence and began working seriously toward reunification with her children. From June through October, 2007, she met regularly with Amy Taylor, a psychiatrist with Community Health. Taylor testified that during this time, the respondent was compliant with her mental health treatment and “very much [wanted] her children back and was willing to do whatever [the department] said to get them back.” In August, 2007, as a result of her progress, the department initiated an intensive family reunification services program in order to assist in the reunification of the respondent and her children.
On October 8, 2007, the respondent gave birth to her fourth child, Aziah. Although the department continued to work toward reunifying the respondent with her other three children, following Aziah’s birth, the respondent’s compliance with her treatment began to deteriorate. Taylor testified that after Aziah was bom, the respondent essentially “dropped out of treatment” for several months until reappearing at Community Health on January 22,2008, without an appointment. According to Taylor, when the two met on this date, the respondent appeared psychotic, as she discussed the existence of an imaginary friend who would say things to her such as, “don’t you know they’re trying to screw you.” The respondent therefore was prescribed antipsychotic medication for her condition. Taylor opined that the cause of the respondent’s psychotic behavior was her lack of medication coupled with extreme stress that stemmed from her trying to take care of young children in her home.
On February 1, 2008, the petitioner filed for and was granted an order of temporary custody of Aziah. The petitioner cited the respondent’s continuing mental health issues and noncompliance with mental health treatment as the basis for removal. Aziah was adjudicated neglected and committed to the care of the petitioner on April 10, 2008.
Following her meeting with Taylor in January, 2008, the respondent’s compliance with her mental health treatment at Community Health did not improve. She missed several appointments with her individual therapist, Suzanne Roberts, and Roberts reported to Taylor that the respondent was not taking her medication properly. As a result, in March, 2008, Taylor ordered Gentiva Health Services, Inc. (Gentiva), to visit the respondent daily in order to assist in the administration of her medication. In mid-April, however, Gentiva reported to Taylor that the respondent had missed numerous medication administration appointments and, as a result, it would cease to provide services to her.
At Hartford Behavioral, the respondent met with Garry Milsop, a psychologist and senior clinician at the facility. Upon intake, Milsop diagnosed the respondent with major depression, severe without psychosis, and she was prescribed with an antidepressant. Milsop described the respondent’s compliance with her mental health treatment at Hartford Behavioral as “consistent and committed,” and indicated that her attendance over the course of the treatment was normal. Although the two discussed her past psychotic episodes, the respondent failed to mention the episode she had in January, 2008, following the birth of Aziah. Milsop testified that this information would have been helpful in formulating his assessment of the respondent.
On August 6, 2008, the petitioner filed these petitions pursuant to
Thereafter, the court issued its memorandum of decision granting the petitions for termination as to Devon, Alexander and Xavier, and denying the petition as to Aziah. The court reasoned that, although the respondent’s “commitment to all of her children is unquestionable ... for the three older boys, while still bonded to [her], too much time in the care of and bonded to others has passed for reunification
I
RESPONDENT’S APPEAL
A
The respondent first claims that the court improperly denied her motion to dismiss the petitions for termination of her parental rights on the ground that the petitioner failed to produce sufficient evidence to establish a prima facie case. We disagree.
We begin our analysis by setting forth the applicable standard of review. “The standard for determining whether the [petitioner] has made out a prima facie case, under
The respondent contends that the court improperly denied her motion to dismiss because the court erroneously drew inferences in favor of the petitioner and improperly concluded that there was sufficient evidence to support the allegation that the respondent failed to rehabilitate herself. We begin by noting that any reasonable inferences that may have been drawn by the court in the petitioner’s favor were permissible. When presented with a motion to dismiss filed pursuant to
We turn our attention to the respondent’s claim that the petitioner failed to proffer sufficient evidence to establish a prima facie case. Specifically, she claims that the petitioner did not produce adequate evidence to demonstrate that the respondent failed to rehabilitate herself as required by
As set forth previously, the petitioner’s evidence at trial demonstrated that the respondent was hospitalized in January, 2000, as a result of a psychotic episode, and, at that time, she was diagnosed with a behavioral and depressive disorder coupled with mild retardation. This diagnosis was confirmed five years later by psychologist Franklin, who opined that the respondent had a full scale IQ of fifty-nine. Although the record reflects that the respondent was compliant with her mental health treatment for several months in 2007 while participating in services with Community Health, psychiatrist Taylor testified that the respondent essentially “dropped out of treatment” after the birth of Aziah, her fourth child. More important, Taylor testified as to the recurrence of a psychotic episode in January, 2008, and to the respondent’s poor compliance with treatment from January through May, 2008, including her noncompliance with medication orders. In sum, there was ample evidence to establish a pattern of the respondent’s mental instability and her failure to benefit from mental health treatment so as to raise legitimate concerns over her ability to rehabilitate herself sufficiently. Accordingly, we conclude that the court properly denied the respondent’s motion to dismiss.
B
The respondent next claims that the court improperly found that the department had made reasonable efforts to reunify her with her children. We disagree.
We first turn to the standard of review that governs the respondent’s claim. “In order to terminate parental rights under
Our careful review of the record reveals that there was adequate evidence supporting the court’s finding that the department had made reasonable efforts to reunify the respondent with her children. While the department was involved in the respondent’s case, she was offered a multitude of services to support her mental health and parental skills, and to address her history of being a victim of domestic violence. Upon learning that the respondent was engaged in a transient lifestyle and living apart from Devon and Alexander, the department refrained from immediate commitment of the children and
C
The respondent also claims that there was insufficient evidence to support the court’s finding that she had failed to achieve adequate personal rehabilitation pursuant to
The applicable standard of review for the respondent’s claim is well settled. “A trial court’s finding that a parent has failed to achieve sufficient rehabilitation will not be overturned unless it is clearly erroneous. ... A finding is clearly erroneous when either there is no evidence in the record to support it, or the reviewing court is left with the definite and firm conviction that a mistake has been made. . . .
“On appeal, our function is to determine whether the trial court’s conclusion was factually supported and legally correct. ... In doing so, however, [g]reat weight is given to the judgment of the trial court because of [the court’s] opportunity to observe the parties and the evidence. . . . We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached. . . . [Rather] every reasonable presumption is made in favor of the trial court’s ruling.” (Internal quotation marks omitted.) In re Melody L., supra,
“We have stated that [p]ersonal rehabilitation as used in [
The respondent contends that the trial court erroneously found that she had failed to achieve sufficient personal rehabilitation because the evidence she presented at trial demonstrated her consistent progress with mental health treatment. Although there were facts in the record
As we explained in part IA of this opinion, there was ample evidence in the record to support the court’s finding that the respondent had failed to rehabilitate herself sufficiently. It is undisputed that the respondent had a history of mental illness, including periods of hospitalization and diagnoses of antisocial and depressive disorders. More important, her participation in treatment services for her mental health condition at times was poor and, for a period of time, nonexistent. Additionally, the record reflects that the respondent’s condition worsened when she was under the stress of taking care of Aziah while increasing visitation with her other three children. The court’s “significant concerns about the likely success of full reunification” are buttressed by the fact that the respondent has never demonstrated an ability to care for all of her children at the same time. We therefore conclude that there was sufficient evidence in the record supporting the court’s finding that the respondent failed to achieve a sufficient degree of personal rehabilitation as would encourage the belief that she could assume a responsible position in each child’s life within the foreseeable future.
D
We turn next to the respondent’s claim that the court violated her constitutionally protected liberty interest by terminating her parental rights solely on the basis of concerns about her mental health. The respondent concedes that her claim was not raised at trial and now seeks to prevail on appeal on the basis of her unpreserved claim pursuant to State v. Golding,
We conclude that the respondent has failed to demonstrate that her claim is one of constitutional magnitude, and, therefore, it is not reviewable under Golding. The respondent maintains that her claim is of
The respondent also seeks to prevail under the plain error doctrine. “The plain error doctrine is an extraordinary remedy used by appellate courts to rectify errors committed at trial that, although unpreserved, are of such monumental proportion that they threaten to erode our system of justice and work a serious and manifest injustice on the aggrieved party. [T]he plain error doctrine ... is not ... a rule of reviewability. It is a rule of reversibility. That is, it is a doctrine that this court invokes in order to rectify a trial court ruling that, although either not properly preserved or never raised at all in the trial court, nonetheless requires reversal of the trial court’s judgment, for reasons of policy.” (Internal quotation marks omitted.) In re Tremaine C., supra,
II
MINOR CHILDREN’S APPEAL
Finally, we address the claim brought by Devon, Alexander and Xavier that during the dispositional phase of the trial, the court erroneously found that termination of the respondent’s parental rights was in their best interests.
“In the dispositional phase of a termination of parental rights hearing, the emphasis appropriately shifts from the conduct of the parent to the best interest of the child.” (Internal quotation marks omitted.) In re Janazia S.,
Our careful review of the record reveals that the court, in granting the petitions to terminate the respondent’s parental rights, properly considered the statutory factors set forth in
The judgments are affirmed.
Notes
In AC 31701, the respondent mother appeals from the court’s judgment terminating her parental rights. The minor children appeal from the court’s judgment in AC 31695. We note that the minor children have standing to appeal from the judgment terminating the respondent mother’s parental rights. See In re Melody L.,
The Chrysalis Center is a nonprofit health care agency that provides support to individuals and families struggling with mental illness. See http:// www.chrysaliscenterct.org/ (last visited September 23,2010). The additional mental health services offered by the Chrysalis Center were recommended by the department so that the respondent could establish a relationship with an individual case manager.
Under Golding, a party “can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the [respondent] of a fair trial; and (4) if subject to harmless error analysis, the [petitioner] has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt. In the absence of any one of these conditions, the [respondent’s] claim will fail.” (Emphasis in original.) State v. Golding, supra,
The plain error doctrine has been codified in
The children also repeat the claim asserted by the respondent that the court erroneously found that she failed to rehabilitate as required by