In re Aubrey K.

CourtConnecticut Appellate Court
DecidedNovember 21, 2022
DocketAC45241
StatusPublished

This text of In re Aubrey K. (In re Aubrey K.) 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 Aubrey K., (Colo. Ct. App. 2022).

Opinion

**************************************************************** The ‘‘officially released’’ date that appears near the beginning of this opinion is the date the opinion was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. This opinion is subject to revisions and editorial changes, not of a substantive nature, and corrections of a technical nature prior to publication in the Connecticut Law Journal. **************************************************************** IN RE AUBREY K.* (AC 45241) Bright, C. J., and Seeley and Pellegrino, Js.

Syllabus

The respondent mother appealed to this court from the judgment of the trial court terminating her parental rights with respect to her minor child, A. The mother had a history of substance abuse, mental health issues, and domestic violence in her relationships, and A had witnessed such violence since her infancy. One of the mother’s boyfriends seriously injured A’s younger sister, requiring her to be hospitalized and, there- after, the petitioner, the Commissioner of Children and Families, filed petitions for termination of the mother’s parental rights as to both children. At the time of trial, the mother was allegedly engaged to a different man, L. On appeal, the mother claimed that there was insuffi- cient evidence for the trial court to find that the termination of her parental rights was in A’s best interest, in accordance with the applicable statute (§ 17a-112 (k)). Held: 1. The respondent mother could not prevail on her claim that the trial court’s findings as to her ability to care for A were clearly erroneous: a. The trial court’s conclusions regarding the mother’s relationship with L and its indication of her ability to be trusted with the health and well- being of young children were supported by the record, including ample evidence demonstrating that the mother’s past romantic relationships had significant adverse residual effects on A, evidence of L’s previous criminal history, the mother’s failure to disclose domestic violence in her relationships to the Department of Children and Families (department) in the past, evidence that supported the department’s concern that there was a risk of domestic violence in the mother’s relationship with L despite the testimony of service providers, and testimony that the mother would not permit an in-person meeting between the department and L. b. This court concluded that, although it agreed with the respondent mother’s claim that the trial court had understated her efforts at rehabili- tation, there was evidence in the record to support the trial court’s finding that the mother was unable and/or unwilling to benefit from the services offered by the department and the record demonstrated that other factors considered by the trial court with respect to whether termi- nation of the mother’s parental rights was in A’s best interest outweighed the continuing efforts made by the mother to advance her rehabilitation. 2. The respondent mother could not prevail on her claim that the trial court’s best interest determination was clearly erroneous as the unchallenged factual findings regarding A’s therapeutic needs, the department’s con- cern for A’s potential regression if she were returned to the mother’s care, and the need for A to have stability in her life supported the court’s determination. 3. Contrary to the respondent mother’s claim, this court was not left with a definite and firm conviction that a mistake had been made by the trial court in its best interest determination as the facts in the record strongly supported that determination: the court addressed each of the seven factors delineated by § 17a-112 (k) and this court would not second- guess that court’s assessment that A’s need for permanency, stability and continuity of environment outweighed the benefits of maintaining a connection with the mother; in the present case, the court found that A required extensive and ongoing therapeutic and clinical services to treat her mental health issues, the frequency and severity of her behav- ioral issues had reduced in her most recent foster home because of the consistent and in-depth therapeutic services she engaged in with the facilitation of her foster parents, A had bonded with her most recent foster family, and A’s foster parents were willing to adopt both A and her younger sister. Argued September 6—officially released November 21, 2022**

Procedural History Petition by the Commissioner of Children and Fami- lies to terminate the respondents’ parental rights with respect to their minor child, brought to the Superior Court in the judicial district of New Britain, Juvenile Matters, where the respondent father consented to the termination of his parental rights; thereafter, the matter was tried to the court, C. Taylor, J.; judgment terminat- ing the respondents’ parental rights, from which the respondent mother appealed to this court. Affirmed. Joshua Michtom, assistant public defender, for the appellant (respondent mother). Nisa J. Khan, assistant attorney general, with whom, on the brief, were William Tong, attorney general, and Evan O’Roark, assistant attorney general, for the appel- lee (petitioner). Opinion

BRIGHT, C. J. The respondent mother, Victoria K., appeals from the judgment of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights with respect to her minor daughter, Aubrey K. (Aubrey),1 on the ground that the respondent’s acts of parental commission or omission denied Aubrey the care neces- sary for her well-being pursuant to General Statutes § 17a-112 (j) (3) (C).2 The court also found that, although the Department of Children and Families (department) had made reasonable efforts to reunify the respondent with Aubrey, the respondent was unable or unwilling to benefit from reunification efforts; see General Statutes § 17a-112 (j) (1); and that termination of the respon- dent’s parental rights was in Aubrey’s best interest. See General Statutes § 17a-112 (j) (2). On appeal, the respondent’s single claim is that there was insufficient evidence for the trial court to find that the termination of her parental rights was in Aubrey’s best interest. We affirm the judgment of the trial court. The following facts and procedural history are rele- vant to the resolution of this appeal. Aubrey was born in October, 2014, to the respondent and Jacob K. (Jacob) and is the respondent’s eldest child. Jacob abused the respondent during their relationship, and Aubrey was present as an infant during incidents of the abuse. In 2015, Jacob was arrested and charged with various offenses stemming from his physical abuse of the respondent, and the criminal court issued a protec- tive order against Jacob protecting the respondent from May 26, 2015, through November 15, 2016. In December, 2017, the respondent had a second child, Amelia K. (Amelia), with Gregory S. (Gregory).3 In January, 2019, the respondent met and began a romantic relationship with Dylan V. (Dylan) while both were staying at a shelter in New Britain. In February, 2019, Dylan, the respondent, Aubrey, and Amelia moved into an apartment together. Dylan began physically abusing the respondent shortly thereafter and contin- ued to do so on a regular basis while he lived with the respondent. While she and her children lived with Dylan, the respondent left Aubrey and Amelia alone in Dylan’s care while she went to work Monday through Friday afternoons and when she had appointments in the mornings. During this time, Aubrey was assaulted by Dylan at least once in the respondent’s presence.

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Bluebook (online)
In re Aubrey K., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aubrey-k-connappct-2022.