In re Drew R.

702 A.2d 647, 47 Conn. App. 124, 1997 Conn. App. LEXIS 517
CourtConnecticut Appellate Court
DecidedNovember 11, 1997
DocketAC 16821
StatusPublished
Cited by40 cases

This text of 702 A.2d 647 (In re Drew R.) 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 Drew R., 702 A.2d 647, 47 Conn. App. 124, 1997 Conn. App. LEXIS 517 (Colo. Ct. App. 1997).

Opinion

Opinion

LAVER Y, J.

This is an appeal by the respondent father from the judgment of the trial court terminating his parental rights with respect to his son. The respondent claims that the trial court (1) was too restrictive in its consideration of the evidence of interest, concern or responsibility for the welfare of the child, (2) was incorrect when it found that reasonable efforts toward reunification had been fostered by the department of children and families (DCF), and (3) incorrectly shifted the burden of permanency planning from DCF to the father. We affirm the judgment of the trial court.

The trial court found the following facts. The child was born on April 10, 1993, and was voluntarily placed by his mother in the care of DCF on April 14, 1993. The child has remained in DCF’s care in foster homes since that date. The respondent and the child’s mother were living in Detroit, Michigan, at the time of the child’s conception. In February, 1993, the respondent, aware that the mother of this child was pregnant, left for California and the mother returned to Connecticut where the child was born. The respondent knew that the mother did not want the child. The respondent, although aware that the child was in foster care, did not contact DCF until June, 1994. The respondent had visited the child twice in April, 1994, and April, 1996. He was in Connecticut on at least one other occasion in that time period and failed to visit the child. He had sporadic contact with the foster parents and with DCF. He sent a Christmas present in 1995, but did not acknowledge birthdays or any other holidays. In June, 1994, the respondent sent a letter to DCF stating that he was interested in obtaining custody of his son. DCF [126]*126requested an interstate study from California. In November, 1994, DCF received a positive response about the respondent from California and planned to transfer custody to him prior to Christmas, 1994. The respondent asked for a delay in assuming custody. He then relocated, which necessitated another study. In June, 1995, the respondent told DCF he was not in a position to care for his son and requested that an unrelated third party be considered for custody. He also informed DCF that he had moved again. The study of the third party was never completed because the third party failed to cooperate. In November, 1995, the respondent withdrew his request for the child’s placement with the unrelated third party.

In October, 1995, DCF brought a termination petition against both parents. The mother consented to termination and, after a hearing on December 8, 1995, the trial court terminated the mother’s parental rights. The trial as to the respondent was held on three separate days in April and May, 1996. The respondent was present for two of the three days and was excused by the court for the third day. The trial court found that the state by clear and convincing evidence proved that the respondent abandoned the child in accordance with the standard set forth in General Statutes (Rev. to 1995) § 17a-112 (b) (1), as amended by Public Acts 1995, No. 95-238, § 3,1 and that it was in the best interest of the [127]*127child that the respondent’s parental rights be terminated under the standards set forth in General Statutes (Rev. to 1995) § 17a-112 (d), as amended by Public Acts 1995, No. 95-238, § 3.2

The hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition. See Practice Book § 1043.1 et seq. In the adjudicatory phase, the trial court determines whether the statutory ground for termination of parental rights exists by clear and convincing evidence. If the trial court determines that a statutory ground for termination exists, it proceeds to the dispositional phase. In the dispositional phase, the trial court determines whether the termination of parental rights is in the best interests of the child. In re Maximino V., 44 Conn. App. 80, 82-83, 686 A.2d 1005 (1997).

“On appeal, our function is to determine whether the trial court’s conclusion was legally correct and factually [128]*128supported. We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached . . . nor do we retry the case or pass upon the credibility of the witnesses. . . . Rather, on review by this court every reasonable presumption is made in favor of the trial court’s ruling. . . . [W]e will disturb the findings of the trial court in both the adjudication and disposition phases only if they are clearly erroneous.” (Citations omitted; internal quotation marks omitted.) Id., 83-84.

I

The respondent’s first claim is that under the facts of this case the trial court was too restrictive in its consideration of the indicia of interest, concern or responsibility for the welfare of the child. The statutory ground found by the trial court is abandonment as set forth in § 17a-112 (b) (1). See footnote 1. That statute provides that the trial court may grant a petition to terminate parental rights if it finds, upon clear and convincing evidence, that for not less than one year “[t]he child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child . . . .” General Statutes (Rev. to 1995) § 17a-112 (b) (1), as amended by Public Acts 1995, No. 95-238, § 3.

“Abandonment focuses on the parent’s conduct. It is a question of fact for the trial court which has the parties before it and is in the best position to analyze all of the factors which go into the ultimate conclusion that [the statutory standard of abandonment] has been satisfied. In re Adoption of Webb, 14 Wash. App. 651, [129]*129657, 544 P.2d 130 (1975). In re Juvenile Appeal (Docket No. 9489), 183 Conn. 11, 14, 438 A.2d 801 (1981).” (Internal quotation marks omitted.) In re Rayna M., 13 Conn. App. 23, 36, 534 A.2d 897 (1987).

“The commonly understood general obligations of parenthood entail these minimum attributes: (1) express love and affection for the child; (2) express personal concern over the health, education and general well-being of the child; (3) the duty to supply the necessary food, clothing, and medical care; (4) the duty to provide an adequate domicile; and (5) the duty to furnish social and religious guidance. . . .

“It is not lack of interest alone which is the criterion in determining abandonment. Abandonment under General Statutes [§ 17a-112 (b) (1)] requires failure to maintain interest, concern or responsibility as to the welfare of the child. Attempts to achieve contact with a child, telephone calls, the sending of cards and gifts, and financial support are indicia of interest, concern or responsibility for the welfare of a child. . . . Where a parent fails to visit a child, fails to display any love or affection for the child, has no personal interaction with the child, and no concern for the child’s welfare, statutory abandonment has occurred. . . .

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Bluebook (online)
702 A.2d 647, 47 Conn. App. 124, 1997 Conn. App. LEXIS 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-drew-r-connappct-1997.