In re Avianzah R.

Connecticut Appellate Court·Decided July 15, 2026·No. AC49396·Published

Opinion

************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of 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 Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the 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 an opinion that appear in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************ In re Avianzah R.

IN RE AVIANZAH R. ET AL.* (AC 49396) Suarez, Seeley and Palmer, Js.

Syllabus

The respondent mother appealed from the trial court’s judgments terminat- ing her parental rights as to two of her minor children, who previously had been adjudicated neglected and committed to the care and custody of the petitioner, the Commissioner of Children and Families. The mother claimed that the court improperly determined that she had failed to achieve a suf- ficient degree of personal rehabilitation, as required by statute (§ 17a-112 (j) (3) (B) (i)), as would encourage the belief that she could assume a responsible position in the children’s lives within a reasonable period of time. Held:

The record contained sufficient evidence to support the trial court’s deter- mination that the petitioner had proven by clear and convincing evidence that the respondent mother failed to rehabilitate, as the court’s findings regarding her lack of consistent engagement in individual counseling, her inability to meet her children’s specialized needs and her failure to engage with their therapists, which would have provided her with insight into the children’s behavior and mental health, were amply supported by evidence in the record, and, even if the court’s findings concerning her housing and employment status were clearly erroneous, those findings were harmless in light of the cumulative evidence in the record that supported the court’s determination that she had failed to rehabilitate.

This court rejected the respondent mother’s claim that she should have been reunited with her children once it was determined that she had not been responsible for the death of another of her minor children, as the trial court was bound by its prior findings in the neglect proceeding, and, as the mother did not file an appeal challenging the adjudication of neglect, she could not collaterally attack it in the termination of parental rights proceeding.

The respondent mother’s participation in required therapeutic and other services did not demonstrate, as she claimed, that she had rehabilitated, as substantial or even complete compliance with the court-ordered specific steps aimed at reuniting her with her children did not necessitate a conclu- sion that she had rehabilitated.

Argued May 21—officially released July 15, 2026** * In accordance with the spirit and intent of General Statutes § 46b-142 (b) and Practice Book § 79a-12, the names of the parties involved in this appeal are not disclosed. The records and papers of this case shall be open for inspection only to persons having a proper interest therein and upon order of the court. ** July 15, 2026, the date that this decision was released as a slip opin- ion, is the operative date for all substantive and procedural purposes. In re Avianzah R.

Procedural History

Petitions by the Commissioner of Children and Fami- lies to terminate the respondents' parental rights with respect to their minor children, brought to the Superior Court in the judicial district of Waterbury, Juvenile Matters, and tried to the court, Torres, J.; judgments terminating the respondents' parental rights, from which the respondent mother appealed to this court. Affirmed. Benjamin M. Wattenmaker, assigned counsel, for the appellant (respondent mother). Matthew J. Parenti, assistant attorney general, with whom, on the brief, was William Tong, attorney general, for the appellee (petitioner).

Opinion

SUAREZ, J. The respondent mother, Jessica R., appeals from the judgments of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights as to her minor children, Avianzah R. (Avianzah) and Amyaliese R. (Amyaliese).1 On appeal, the respondent claims that the court incorrectly determined that she had failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (B) (i).2 We affirm the judgments of the trial court. The following facts, which were found by the trial court by clear and convincing evidence or are otherwise undis- puted in the record, and procedural history are relevant to this appeal. The respondent is married to Antonio R., and they have three children together: Amyaliese, who 1 The court also terminated the parental rights of Antonio R., the respondent father of the children. He has not appealed from the termina- tion of his parental rights. Accordingly, all references in this opinion to the respondent are to Jessica R. only. 2 The attorney for the minor children filed a statement adopting the brief of the petitioner in this appeal pursuant to Practice Book §§ 67-13 and 79a-6 (c). In re Avianzah R.

was born in 2015; Avianzah, who was born in 2019; and Amateo, who was born in 2021.3 The Department of Children and Families (department) became involved with Amyaliese and Avianzah in October 2022, after Amateo had been taken to Yale-New Haven Hospital with severe injuries that were determined to have been caused by inflicted trauma. On October 7, 2022, the petitioner filed ex parte motions for orders of temporary custody as to Amyaliese and Avianzah, and neglect petitions alleging neglect and physical abuse because, at that time, it could not be determined who had caused Amateo’s injuries. The court granted the motions for orders of temporary custody. Amateo died as a result of his injuries three days later, on October 10, 2022.4 On December 8, 2022, the respondent pleaded nolo contendere with regard to the neglect petitions, but only as to the neglect allegations that Amyaliese and Avianzah were “being denied proper care and atten- tion, physically, educationally, emotionally or morally . . . .” After a thorough canvass, the court, Torres, J., accepted the pleas, adjudicated Amyaliese and Avianzah neglected and committed them to the care and custody of the petitioner. The court also canvassed the respondent as to the court-ordered specific steps she was required to undertake in order to regain custody of her children and ordered that they be made final.5 On June 4, 2024, the court approved a permanency plan of termination of parental rights and adoption with 3 The respondent has three other children from previous relationships who do not reside with her and are not subjects of this appeal. 4 Prior to being taken to the hospital, Amateo had been found unrespon- sive while in the care of a babysitter, who subsequently was arrested in connection with Amateo’s death.

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