In re Anna B.

717 A.2d 289, 50 Conn. App. 298, 1998 Conn. App. LEXIS 377
CourtConnecticut Appellate Court
DecidedSeptember 8, 1998
DocketAC 17614
StatusPublished
Cited by12 cases

This text of 717 A.2d 289 (In re Anna B.) 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 Anna B., 717 A.2d 289, 50 Conn. App. 298, 1998 Conn. App. LEXIS 377 (Colo. Ct. App. 1998).

Opinion

Opinion

LANDAU, J.

This is an appeal by the respondent mother (respondent) from the judgment of the trial court terminating her parental rights with respect to her twin children, Anna and Philip, pursuant to General Statutes § 17a-112 (c) (3).1 The trial court found that the allegations in the petitions for termination had been proven by clear and convincing evidence, and that it was in the best interest of each child that the parental rights of the respondent be terminated.

On appeal, the respondent claims that the trial court improperly (1) admitted as full exhibits, certain social studies, over hearsay objections, and (2) found (a) that the petitioner had proven by clear and convincing evidence that the respondent mother had failed to achieve such a degree of personal rehabilitation as would [300]*300encourage the belief that within a reasonable time she could assume a responsible position in the lives of the children pursuant to § 17a-112 (c) (3) (B),2 (b) that the children were denied the care, guidance or control necessary for their physical, educational or emotional well-being pursuant to § 17a-112 (c) (3) (C)3 and (c) that the respondent mother had been unsuccessful in making any meaningful attempt to adjust her circumstances to facilitate reunification pursuant to General Statutes § 17a-112 (e).4 We affirm the judgment of the trial court.

The following facts and procedural history are pertinent to our resolution of this appeal. Anna and Philip were adjudicated neglected on April 5,1991, and placed under the protective supervision of the petitioner for six months.5 Anna and Philip have two half-brothers, Franklin and Arthur.6 The trial court found that “the twins’ oldest half-brother, Franklin B., Jr., is [at the time of the hearing] 22 years of age. He is mentally retarded and has a documented history of multiple instances of sexually inappropriate behavior with children outside the family, which resulted in his arrest and a referral [301]*301to a program for mentally retarded sex offenders in 1992. He was adjudicated not competent to stand trial for an alleged sexual offense as a juvenile.” The twins’ other half-brother, Arthur, was twenty years of age at the time of the hearing. The trial court found that “[h]is negative, impulsive aggressive behavior has resulted in out of home placements . . . .”

The trial court found that “[in] February, 1993, Anna, age three and one-half, disclosed to various responsible adults, including a social worker at the Yale Sexual Abuse Clinic, that her brother, Franklin B., Jr., age seventeen and one-half, had been sexually abusing her . . . [that] her twin brother, Philip, had been genitally fondled by Franklin and, that the half-brother, Arthur, then age sixteen, had participated in the sexually inappropriate behavior with the twins.”

In March, 1993, the petitioner placed the twins in foster care, where they have since remained. The trial court set expectations, which included the removal of Franklin from the respondent’s home. The petitioner was willing to consider returning Anna and Philip to their mother if Franklin was placed out of the home. The trial court found, however, that Anna and Philip were not returned because Franklin’s removal did not occur. The petitioner filed a petition for the termination of parental rights in April, 1996, which the trial court granted on August 22, 1997.

The trial court stated that “[t]he parents were waiting for the department of mental retardation to find a placement for Franklin. The respondent made no other efforts to place Franklin, then nearly age eighteen, so that they could be reunited with the four year old twins, this despite the fact that, according to a witness for the mother, Franklin was ‘able to care for himself.’ As between promptly relocating Franklin, even temporarily while waiting for a department of mental retardation [302]*302placement, and leaving the twins in foster care, the parents elected to leave the twins in foster care.” The trial court further found that “notwithstanding the impressive prior history of Franklin as a sexual exploiter of children, [the respondent] did not believe Anna and did nothing to protect her from further abuse. . . . Anna was victimized by a male family member, victimized by her own mother’s disbelief and victimized by a removal from her family, a move compelled by [the respondent’s] failure to protect her. More than four years later, [the respondent] remains in denial, has been unimproved by therapy and has profound unresolved parenting limitations.”

The children began to fear their mother’s outbursts at visitation periods with her. Anna and Philip bonded with their foster family, and neither child wanted to see their mother and her husband again. The trial court found that there is “an extensive history of neglect and poor parenting,” and that the respondent’s “social history is replete with references to the mother’s poor personal hygiene and, more importantly, her volatile and inappropriate behavior.” The court further found that the mother “still refuses to acknowledge” the sexual victimization of the twins.

With respect to the statutory grounds for termination of parental rights, the trial court found, by clear and convincing evidence, that the children were previously found to be neglected. It found that the respondent “has failed to achieve such a degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the children, she could assume a responsible position in the life of these children”7 and, further, that “the children have been denied, by reason of an act of commission or omission, the care, guidance or control necessary for [303]*303their physical, educational or emotional well-being, i.e., the mother has failed to protect her children from sexual abuse.”8 The court found that the grounds had existed for more than one year and made the mandatory findings required by § 17a-112 (e).9 The trial court then concluded that it was in the best interest of the children to terminate the respondent’s parental rights.

“Our statutes define the termination of parental rights as the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and his parent .... It is a most serious and sensitive realm of judicial action. ... To justify the termination of parental rights in the absence of consent, one or more of the grounds set forth in General Statutes § [17a-112 (c) (3)] must be proven by clear and convincing evidence. . . .

“Section [17a-112 (c) (3)] carefully sets out . . . [the] situations that, in the judgment of the legislature, constitute countervailing interests sufficiently powerful to justify the termination of parental rights in the [304]*304absence of consent. [The commissioner of the department of children and families], in petitioning to terminate those rights, must allege and prove [by clear and convincing evidence] one or more of the statutory grounds.

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Cite This Page — Counsel Stack

Bluebook (online)
717 A.2d 289, 50 Conn. App. 298, 1998 Conn. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anna-b-connappct-1998.