In re Ava M.

CourtConnecticut Appellate Court
DecidedFebruary 1, 2024
DocketAC46676
StatusPublished

This text of In re Ava M. (In re Ava M.) 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 Ava M., (Colo. Ct. App. 2024).

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 AVA M.* (AC 46676) Bright, C. J., and Alvord and Flynn, 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 first became involved with the Department of Children and Families when F assaulted the mother’s then nineteen month old son, M. F was ultimately convicted of assault in connection with the incident and incarcerated. Within three months of F’s release from prison, the mother reengaged with him despite the department’s repeated admonishment that the mother should refrain from doing so. After the mother gave birth to F’s child, A, she denied to the department that she was in a relationship with F but agreed not to allow him to have contact with A. When A was approximately four months old, the parents were involved in an altercation and, when the mother escaped F’s grasp and locked herself in another room to telephone the police, F kicked in the door and then left the premises. Approximately one year later, when M was six years old, he reported that F would hit the mother in his presence. One week later, the police responded to a 911 call from a neighbor who had reported that a little boy was screaming at the mother’s home because F was beating him. The neighbor further reported to the police that she had overheard violent incidents between the mother and F every night. A was removed from the mother’s care shortly thereafter, pursuant to a motion for order of temporary custody made by the petitioner, the Commissioner of Children and Families. A neglect petition was also filed on that same date, substantially based on the mother’s inability to provide a stable environment for A that was free of exposure to intimate partner violence. More than one year later, a court-ordered evaluator, C, completed a psychological evaluation of the mother and recommended a zero tolerance policy toward the mother having any reengagement with toxic men in her life, noting in the report that any issue concerning the mother’s reengagement with F should be taken very seriously and was potential proof that the mother had not internalized her treatment and did not fully understand the impact of intimate partner violence on A. The department conveyed a zero toler- ance policy to the mother, but she was soon involved in another instance of intimate partner violence with another man with whom she had a romantic relationship. M’s father disclosed this incident to the depart- ment and the mother pressured him to lie to the department and to recant his disclosure. The petitioner subsequently filed a petition to terminate the mother’s parental rights as to A. Several months later, a friend of the mother called the police and reported that F was causing a disturbance at the mother’s residence. F stated to the police that the mother was his property and that he had forbidden her from being around her friend. The mother told the responding officer that F only occasionally spent the night at her residence and that he did not live there. She refused to cooperate fully with the investigation, but F was nevertheless arrested at the scene. The mother did not report this inci- dent to the department. Several months later, police officers went to the mother’s residence in order to serve an arrest warrant on F. The mother and F locked themselves inside the mother’s vehicle and refused to follow the officers’ commands to exit the vehicle. At F’s direction, the mother attempted to evade capture but backed into the rear passen- ger side of a police vehicle before pulling forward and parking. After the mother and F refused to exit the vehicle, officers struck F’s car window in order to unlock his door and remove him from the vehicle. Both the mother and F were arrested on the scene. The mother did not disclose the incident to the department and, at the termination trial, she testified that she was merely giving F a ride. On the first day of the trial, the mother’s counsel made an oral motion for posttermination visitation if the petition for termination were to be granted. C testified at trial that she had observed the mother and F carpooling to one of the court-ordered evaluations despite her previous recommendation of a zero tolerance policy toward the mother reengaging with F. In her subsequent report, C opined that the mother lacked the capacity to understand and to meet A’s needs, as evidenced by her reengagement with F. After the trial, the court issued a memorandum of decision in which it held that the department had made reasonable efforts to reunify the mother with A but that she was unable or unwilling to benefit from such reunification efforts and that termination of the mother’s parental rights was in A’s best interest. The court also denied the mother’s motion for posttermination visitation. Held: 1. The respondent mother could not prevail on her claim that the trial court erred in concluding that she was unable or unwilling to benefit from the department’s efforts provided to her pursuant to statute (§ 17a-112 (j) (1)) to reunify her with A; although this court recognized that the evidence in the record demonstrated that the mother was consistent in visitation, showed significant interest in A’s life, and implemented skills she had learned in programs during her visits, the trial court’s subordi- nate factual findings, which the mother did not contest, provided suffi- cient evidence to support that court’s determination that she had failed to successfully address the primary factor that led to A’s initial commit- ment to the petitioner’s custody, namely, her inability to provide a stable environment for A free of exposure to intimate partner violence. 2. The respondent mother could not prevail on her claim that the trial court erred in finding that termination of her parental rights was in A’s best interest; although the court found that A had a bond with the mother, it focused on A’s need for stable, competent and reliable caretakers and found that the mother was not willing or able to fulfill that role, as her continued involvement with F made clear that she was unwilling or unable to do what it took to successfully rehabilitate within a reasonable time, that she lacked the capacity to prioritize, understand or meet the needs of A, and that she had not brought her conduct to even the minimal acceptable standards of parenting, even giving due credit to her compliance with treatment, and, because the trial court’s subordinate findings that the mother was unable to provide the stable environment free from intimate partner violence that A needed were supported by clear and convincing evidence in the record, this court concluded that the trial court’s findings as to A’s best interest were not clearly erroneous. 3.

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Bluebook (online)
In re Ava M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ava-m-connappct-2024.