In re Alexander T.

841 A.2d 274, 81 Conn. App. 668, 2004 Conn. App. LEXIS 68
CourtConnecticut Appellate Court
DecidedFebruary 24, 2004
DocketAC 23673
StatusPublished
Cited by18 cases

This text of 841 A.2d 274 (In re Alexander T.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Alexander T., 841 A.2d 274, 81 Conn. App. 668, 2004 Conn. App. LEXIS 68 (Colo. Ct. App. 2004).

Opinion

Opinion

DUPONT, J.

The respondent mother appeals from the judgments of the trial court terminating her parental rights as to two of her minor children1 after petitions to do so were filed by the petitioner, the commissioner of children and families (commissioner).2 The respondent claims that (1) the court incorrectly ruled that the [670]*670department of children and families had made reasonable efforts to reunify the family in accordance with General Statutes § 17a-112, (2) the court incorrectly decided that she was unable or unwilling to benefit from efforts at reunification and (3) the evidence was insufficient to support the finding that she had failed to achieve sufficient personal rehabilitation to allow her to assume a responsible position in her children’s lives. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to the respondent’s appeal. The respondent is the mother of Alexander T. and Elijah T., bom in 1994 and 1996, respectively.3 The respondent has three other children, two older and one infant.4 On the evening of January 20, 1999, police officers raided the apartment of the respondent’s adult daughter, suspecting the daughter of illegally selling drugs. The respondent was present dining the raid, and was residing at the apartment with her adult daughter and Alexander T. and Elijah T. The respondent was arrested on an outstanding warrant,5 and her children were taken into the custody of the commissioner. At the time, the respondent had a lengthy history with the department, beginning in 1992 or 1993.

On January 22,1999, the commissioner filed petitions alleging that Elijah T. and Alexander T. were uncared for. The court issued orders containing specific steps to assist the respondent in regaining custody of the children. Those specific steps included, inter alia, no substance abuse, no further interaction with the crimi[671]*671nal justice system, participation in counseling and cooperation with the department.

On April 19, 1999, the respondent was arrested and charged with assault and breach of the peace.6 On August 6,1999, the respondent tested positive for cannabis. From April 5, 1999, until October 18, 2001, the respondent missed at least seven appointments for either counseling or drug screening. The respondent, however, successfully completed twelve hours of the pretrial drug education program at Catholic Family Services in November, 2000, and completed 100 hours of community service in 2001. She had two negative drug screens in early 2002.

On October 15, 1999, the children were adjudicated uncared for and committed to the commissioner’s custody. The commitments were repeatedly extended. On January 29, 2001, the commissioner filed petitions to terminate the parental rights of the respondent. The petitions were granted by the trial court on September 23, 2002, and are the subject of the present appeal.

On September 21, 2000, Kelly F. Rogers, a psychologist, conducted an evaluation of the respondent and her children. The evaluation showed results consistent with paranoid personality disorder or possibly delusional disorder in the respondent. Rogers warned that any positive drug test should result in inpatient substance abuse treatment for the respondent, followed by residential aftercare. Rogers recommended a psychiatric evaluation as well as anger management and assertiveness training. Additional facts will be set forth as necessary.

I

We will address the first two claims of the respondent together. The respondent claims that the trial court [672]*672improperly ruled that the department’s efforts at reunification were reasonable by clear and convincing evidence, and that she was unwilling or unable to benefit from those efforts. General Statutes § 17a-112 (j) provides in relevant part: “The Superior Court, upon hearing and notice as provided in sections 45a-716 and 45a-717, may grant a petition filed pursuant to this section if it finds by clear and convincing evidence (1) that the Department of Children and Families has made reasonable efforts to . . . reunify the child with the parent, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts . . . .” Section 17-112 (j) makes clear that the court must make a finding based on clear and convincing evidence that the department made reasonable efforts at reunification or, in the alternative, make a finding that the parent is unwilling or unable to benefit from reunification efforts. The trial court decided both issues. An analysis of the relevant facts is needed to determine whether the department made reasonable efforts to reunify the respondent with her children. A parallel analysis of the respondent’s response to those efforts is necessary to determine how able or willing she was to benefit from those efforts. Those findings are fact based.

Our standard of review is limited. We analyze the trial court’s decision in light of the evidence in the entire record to determine whether the decision was clearly erroneous. In re Luis C., 210 Conn. 157, 166, 554 A.2d 722 (1989). We make every reasonable presumption in favor of the court’s decision. In re Charles A., 55 Conn. App. 293, 297, 738 A.2d 722 (1999).

The interest of parents in raising their children, and in their children in general, is a fundamental right. That right warrants deference and protection. Stanley v. Illinois, 405 U.S. 645, 651, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972). Termination of parental rights does not follow [673]*673automatically from parental conduct that might justify the removal of a child from the natural parental home. See In re Baby Girl B., 224 Conn. 263, 293, 618 A.2d 1 (1992). While observing the proper deference for the parent-child relationship, we note that the department must make a reasonable effort at reunification, not every possible effort. In re Ebony H., 68 Conn. App. 342, 349, 789 A.2d 1158 (2002).

In the case of In re Ebony H., the respondent, in circumstances somewhat similar to those of the respondent in this case, received shoddy service from the department in response to her request for a housing referral following a successful completion of a substance abuse program.7 Nine days later, the respondent was again using cocaine. This court held that reasonable efforts to reunify were made despite the failure of the department to assist with housing. Id., 349-50. Despite the department’s “shameful and unacceptable”; id., 350; conduct, the court held that the efforts of the department to reunify the family were reasonable. Id.

The respondent in this case alleges failure on the part of the department to make reasonable efforts to reunify her family. She contends that the failure of the department to provide a referral for a psychiatric examination following Rogers’ report amounts to a failure to make a reasonable effort at reunification.

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Bluebook (online)
841 A.2d 274, 81 Conn. App. 668, 2004 Conn. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-alexander-t-connappct-2004.