In re Carissa K.

740 A.2d 896, 55 Conn. App. 768, 1999 Conn. App. LEXIS 448
CourtConnecticut Appellate Court
DecidedNovember 16, 1999
DocketAC 18600
StatusPublished
Cited by40 cases

This text of 740 A.2d 896 (In re Carissa 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 Carissa K., 740 A.2d 896, 55 Conn. App. 768, 1999 Conn. App. LEXIS 448 (Colo. Ct. App. 1999).

Opinion

Opinion

LANDAU, J.

The respondent D appeals from the judgments of the trial court terminating his parental rights [770]*770with respect to his daughter, C, and terminating the parental rights of Z, the putative father of J.1 D claims that the court improperly found (1) that he failed to achieve such degree of personal rehabilitation as would encourage the belief that he could assume a responsible position in the children’s lives, (2) that he committed an act of omission or commission that denied the care, guidance and control necessary for the children’s welfare and (3) that termination of parental rights was in the best interests of the children. In her counterstatement of the issues, the commissioner of children and families (commissioner) claims that D lacks standing to appeal from the judgment terminating Z’s parental rights as to J.2 We dismiss D’s appeal from the judgment regarding J and affirm the judgment terminating D’s parental rights as to C.

The following facts are relevant to this appeal. The children, C, bom February 18,1991, and J, bom September 7,1992, first came to the attention of the department of children and families (department) in 1993, when they were briefly taken into custody because their mother was missing and D was intoxicated. In 1994, D commenced an action in the Probate Court seeking [771]*771custody of the children because of their mother’s drug addiction.* 3 At that time, D was believed to be the biological father of both children. Subsequent genetic testing excluded D as J’s natural father, and Z4 was identified as J’s putative father. Nevertheless, the Probate Court awarded the children’s mother and D joint custody of the children, who were to spend alternating weeks with each adult.

D’s guardianship application in the Probate Court resulted in the department’s reinvolvement with the family. The mandated social study conducted in connection with that application disclosed domestic abuse between D and the children’s mother, alcohol and drug addiction, and concerns about D’s ability to maintain adequate income and housing for the children. On September 2, 1994, C’s maternal uncle disclosed to a psychotherapist that he had had oral sex with his niece. On January 27, 1995, the department secured an order of temporary custody of both children based on the chaotic living conditions at their mother’s home and the alcohol and drug abuse by both D and the mother, as well as D’s unstable and inadequate living conditions. The children have been in foster care since that date.

On March 29, 1995, following an overnight visit with D, C disclosed facts to a department social worker indicating that D had sexually abused her. Later, J described an incident suggesting that D had sexually abused him also. D was charged with sexual assault. In November, 1997, as the result of a plea bargain, D was convicted of risk of injury to a child and sentenced to three year's imprisonment, execution suspended, witih five years of probation. The trial court imposed [772]*772as a condition of probation that D have no contact with children under the age of sixteen, including C and J, until his probationary period ended in 2002. At the time of the termination hearing that is the subject of this appeal, D was incarcerated, awaiting trial on charges that he had violated the terms of his probation.

Subsequent to her disclosure of sexual abuse, C was interviewed numerous times by police, social workers, therapists and psychiatrists. She also reported incidents of abuse to her foster mother. C’s behavior, which she acted out with other children, including J, was sexually inappropriate. Both children have received psychotherapy.

On September 6,1995, both children were committed to the care and custody of the department as uncared-for children with special needs. On April 16, 1997, the commissioner filed petitions pursuant to General Statutes (Rev. to 1997) § 17a-1125 to terminate the parental rights of D and Z with respect to J, and of D with respect to C.6 In each petition, the commissioner alleged two [773]*773grounds as reasons to terminate D’s parental rights: failure to achieve personal rehabilitation and denial of necessary care, guidance and control by acts of commission or omission.

At a hearing on the petitions held during four days in April, 1998, the trial court heard testimony from department social workers, the children’s psychotherapists, several foster parents, the social workers and nurse involved in interviewing the children with respect to the allegations of sexual abuse and two expert witnesses. The court received twenty-five exhibits in evidence and took judicial notice of the prior proceedings involving D and the children. D was present during the trial and, through counsel, vigorously contested the termination petitions. The court found by clear and convincing evidence that each of the bases of the commissioner’s petition to terminate D’s parental rights with respect to C existed and that it was in C’s best interest to terminate D’s parental rights. The court rendered judgment accordingly. The court also terminated Z’s parental rights as to J. This appeal followed. Additional facts will be stated as necessary.

I

The commissioner claims that D lacks standing to appeal from the termination of parental rights as to J. At oral argument, D stated that he was only contesting the dispositional phase, i.e., whether termination of parental rights was in the best interest of the child. He argues that the court should have permitted him to maintain his “parental rights” because “the concept of family encompasses more than traditional father and mother.” We agree with the commissioner that D lacks standing to appeal any portion of the termination proceeding with respect to J.

Review by way of appeal is governed in general by General Statutes § 52-263, which provides in relevant [774]*774part: “Upon the trial of all matters of fact in any cause or action in the Superior Court ... if either party is aggrieved by the decision of the court or judge ... he may appeal to the court having jurisdiction from the final judgment of the court . . . .” “An aggrieved party may appeal from a final judgment, except as otherwise provided by law.” Practice Book § 61-1, formerly § 4000. The question of aggrievement is essentially one of standing, and unless D is aggrieved by the decision of the trial court, he has no standing to appeal. See Beckish v. Manafort, 175 Conn. 415, 419, 399 A.2d 1274 (1978). “Where a party lacks standing to appeal, the court is without subject matter jurisdiction. Jolly, Inc. v. Zoning Board of Appeals, 237 Conn. 184, 192, 676 A.2d 831 (1996). Apossible absence of subject matter jurisdiction must be addressed and decided whenever the issue is raised. . . . [WJhenever a lack of jurisdiction to entertain a particular proceeding comes to a court’s notice, the court can dismiss the proceeding upon its own motion.” (Internal quotation marks omitted.) Marine Midland Bank v. Ahern, 51 Conn. App. 790, 797, 724 A.2d 537, cert. granted on other grounds, 248 Conn.

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Bluebook (online)
740 A.2d 896, 55 Conn. App. 768, 1999 Conn. App. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-carissa-k-connappct-1999.