In re Ava W.

336 Conn. 545
CourtSupreme Court of Connecticut
DecidedAugust 10, 2020
DocketSC20465
StatusPublished

This text of 336 Conn. 545 (In re Ava W.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Ava W., 336 Conn. 545 (Colo. 2020).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** IN RE AVA W.* (SC 20465) Robinson, C. J., and Palmer, McDonald, D’Auria, Mullins, Kahn and Ecker, Js.**

Syllabus

The respondent mother appealed from the order of the trial court denying a request for visitation with her minor child subsequent to the court’s termination of her parental rights with respect to that child. The court had terminated the respondent’s parental rights pursuant to statute (§ 17a-112), finding that she had abandoned the child, that she had failed to achieve a degree of personal rehabilitation such that she could resume a responsible position in the child’s life, and that termination was in the best interest of the child. During the termination proceedings, the child’s counsel had requested that the court consider issuing an order of posttermination or postadoption visitation between the child and the respondent, who agreed with that request. The court denied the request for visitation, concluding, inter alia, that it lacked the authority to evalu- ate whether posttermination visitation would be necessary or appro- priate to secure the welfare, protection, proper care and suitable support of the child in accordance with the statute (§ 46b-121 (b) (1)) affording courts certain authority in juvenile matters. On appeal from the trial court’s order denying the request for posttermination visitation, the respondent claimed, inter alia, that the trial court incorrectly concluded that it lacked authority to order posttermination visitation. The peti- tioner, the Commissioner of Children and Families, claimed on appeal that this court lacked subject matter jurisdiction and that the appeal should therefore be dismissed. The petitioner specifically asserted that the respondent was not aggrieved by the trial court’s order, that the visitation issue became moot when the court terminated the respon- dent’s parental rights, and that the respondent lacked standing to appeal because she failed to appeal from or seek or obtain a stay of the judgment terminating her parental rights. Held: 1. The respondent was aggrieved by the trial court’s order denying the request for posttermination visitation: the respondent had a specific personal and legal interest in the subject matter of the decision, as she was a party to the underlying litigation who had requested that the court act pursuant to its common-law authority; moreover, the respondent suffered an injury as a result of the court’s decision, and the court’s termination of her parental rights did not eliminate the potential harm of being denied posttermination visitation with the child. 2. The petitioner could not prevail on her claim that the issue of posttermina- tion visitation was rendered moot by virtue of the trial court’s termina- tion of the respondent’s parental rights, as a live controversy existed between the petitioner and the respondent as to whether the trial court lacked authority to order posttermination visitation, the interests of the parties were adverse, this court was capable of adjudicating whether the trial court had authority to order posttermination visitation, and a determination regarding the issue could result in practical relief for the respondent; moreover, no intervening circumstance had arisen during the pendency of the appeal that resolved the issue of posttermination visitation or rendered it insignificant. 3. The respondent did not lack standing to appeal from the trial court’s posttermination visitation order on the ground that she did not appeal from or seek or obtain a stay of the judgment terminating her parental rights: the respondent was not required to seek or obtain a stay of the termination judgment because she did not seek to delay enforcement of that judgment, and requiring her to seek or obtain such a stay would serve no purpose, as her acceptance of the trial court’s determination that termination was in the child’s best interest did not foreclose the possibility that posttermination visitation might potentially be appro- priate to secure the child’s welfare, protection, proper care and suitable support; moreover, requiring the respondent to seek a stay would encour- age further litigation, waste judicial resources, and thwart the goal of ensuring the welfare of the child, and the controversy centered exclu- sively on whether the trial court had the authority to order posttermina- tion visitation between the respondent and the child. 4. The trial court incorrectly concluded that it lacked the authority to order posttermination visitation: the trial court had the authority under § 46b- 121 (b) (1) to issue a posttermination visitation order, as long as it found such visitation necessary or appropriate to secure the child’s welfare, the scope of the statute extended to adults who owed some legal duty to the child and was not limited to biological parents, the statute did not expressly abrogate the court’s authority to regulate visitation, and case law and the statute’s lack of limiting language supported the court’s authority to issue an order of posttermination visitation; moreover § 17- 112a (b) through (h), which the trial court relied on to deny posttermina- tion visitation, and which was intended by the legislature to accomplish cooperative postadoption agreements between genetic parents and intended adoptive parents, did not abrogate or limit the trial court’s common-law authority, as codified in § 46b-121 (b) (1), to order postter- mination visitation, as § 17a-112 (b) through (h) applied to only a narrow subset of termination proceedings, rather than the wide range of termina- tion circumstances that included those in the present case. 5. The petitioner could not prevail on her claim that the trial court’s denial of posttermination visitation should be upheld on the alternative ground that the court correctly determined that such visitation would not be in the child’s best interest, as the trial court, having believed that it lacked authority to order visitation, declined to consider whether visita- tion would be necessary or appropriate to secure the welfare, protection, proper care and suitable support for the child in accordance with § 46b- 121 (b) (1); accordingly, the trial court’s order denying the request for visitation was reversed and the case was remanded for a dispositional hearing at which the trial court is to consider the merits of ordering visita- tion. (One justice concurring separately) Argued May 4—officially released August 10, 2020***

Procedural History

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Bluebook (online)
336 Conn. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ava-w-conn-2020.