183 Conn. 11 | Conn. | 1981
The commissioner of children and youth services petitioned the court for the termination of the parental rights of the parents of a minor child born November 29, 1975. The mother has consented to the termination of her parental rights with respect to said child. General Statutes §17-43a (a) (5). After a court hearing, the trial court found that the father had (1) abandoned his infant son and (2) lacked an ongoing parent-child relationship. General Statutes §§ 17-43a (a) (1), 17-43a (a) (4). As a result of these findings, the trial court terminated the parental rights of the father, from which decision the father appeals. Our holding on the issue of abandonment is dispositive of this appeal.
The commissioner of children and youth services in petitioning to terminate parental rights in the absence of consent must allege and prove abandonment as set forth in § 17-43a. The statutory criteria must be strictly complied with before termination can be accomplished. In re Juvenile Appeal (Anonymous), supra, 644-45.
In its memorandum of decision, the trial court stated its decision on the legal and factual issues in the case and the factual basis for its decision. Practice Book § 3060B. The following facts
Our General Statutes have clarified the meaning and definition of abandonment. Section 17-43a (a) (1) reads: “The parents have abandoned the child in the sense that they have failed to maintain a reasonable degree of interest, concern or responsibility as to the child’s wefare.” Abandonment focuses on the parent’s conduct. It is a question of fact for the trial court “which has the parties before it and is in the best position to analyze all of the factors which go into the ultimate conclusion that [the statutory standard of abandonment] has been satisfied.” In re Adoption of Webb, 14 Wash. App. 651, 657, 544 P.2d 130 (1975). From a recital of the facts above and the father’s course of conduct, it is apparent that the father manifested no reasonable
In In re Adoption of Webb, supra, the court found that the father had abandoned the child “under circumstances showing a wilful substantial lack of regard for parental obligations.” Wash. Bev. Code § 26.32.040 (4). The court stated as follows: “The commonly understood general obligations of parenthood entail these minimum attributes: (1) express love and affection for the child; (2) express personal concern over the health, education and general well-being of the child; (3) the duty to supply the necessary food, clothing,’ and medical care; (4) the duty to provide an adequate domicile; and (5) the duty to furnish social and religious guidance.” In re Adoption of Webb, supra, 653. In this case, we are of the opinion that the father has failed to meet the first four minimum parental obligations.
We conclude that the findings of subordinate facts amply support the conclusion reached on the issue of abandonment and that no erroneous rule of law was applied by the trial court. The trial court did not err in concluding that the father had abandoned his child as the word abandonment is defined in § 17-43a (a) (1) of the General Statutes.
There is no error.
In this opinion the other judges concurred.