In re Ebony H.

789 A.2d 1158, 68 Conn. App. 342, 2002 Conn. App. LEXIS 113
CourtConnecticut Appellate Court
DecidedFebruary 19, 2002
DocketAC 22047
StatusPublished
Cited by34 cases

This text of 789 A.2d 1158 (In re Ebony H.) 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 Ebony H., 789 A.2d 1158, 68 Conn. App. 342, 2002 Conn. App. LEXIS 113 (Colo. Ct. App. 2002).

Opinion

Opinion

BISHOP, J.

The respondent mother appeals from the judgment of the trial court terminating her parental rights.1 On appeal, the respondent claims that the court improperly found that the petitioner, the commissioner of children and families (commissioner), had made reasonable efforts to reunify her and her child, and, therefore, that the court violated General Statutes § 17a-112 (j) when it terminated her parental rights.2 We affirm the judgment of the trial court.

[344]*344Our review of the record discloses the following relevant facts. On April 19, 1999, the court, Alander, J., adjudicated the child neglected and committed her to the protective custody of the commissioner after concluding that she was living under conditions injurious to her well-being. On that day, the court also prescribed specific steps that the respondent must take to regain custody of the child. See General Statutes § 46b-129 (j).3 Those steps included the following: The respondent was required (1) to attend all appointments with the department of children and families (department), (2) to participate in individual counseling, including anger management and domestic violence counseling, (3) to submit to a substance abuse assessment and follow recommendations regarding treatment, (4) to complete substance abuse treatment successfully, including inpatient treatment if necessary and (5) to submit to random drug testing.

On March 15, 2000, the court, Conway, J., extended by twelve months the child’s commitment to the protective custody of the commissioner. On that same day, the commissioner filed a petition to terminate the respondent’s and the father’s parental rights to the [345]*345child. In her petition, the commissioner alleged that (1) the department had made reasonable efforts to locate the respondent and the father, (2) the department had made reasonable efforts to reunify the child with the respondent and the father, (3) the respondent and the father were unable or unwilling to benefit from reunification efforts, (4) the child had been found in a prior proceeding to have been neglected or uncared for, and (5) the respondent and the father had failed to achieve such a degree of personal rehabilitation that would encourage the belief that either could assume a responsible position in the life of the child within a reasonable period of time.

On March 13, 2001, the court, Esposito, J., extended the child’s commitment again, and found, pursuant to a motion for review of the child’s permanency plan, that it was not appropriate for the department to continue to make efforts to reunify the child with the respondent or the father. On April 23, 2001, the commissioner filed an amended petition to terminate the respondent’s and the father’s parental rights in which she updated the specific factual allegations she previously had alleged in support of termination.

The court, Conway, J., commenced trial on the amended petition on April 26, 2001. On May 30, 2001, the court rendered judgment terminating the parental rights of the respondent and the father pursuant to § 17a-112 (j). In so doing, the court concluded, inter alia, that (1) the department had made reasonable efforts to reunify the child with the respondent, (2) termination was in the best interest of the child and (3) the respondent had failed to achieve the requisite degree of personal rehabilitation. See General Statutes § 17a-112 (j) (1), (2) and (3) (B) (ii). On June 21,2001, the respondent filed the present appeal, challenging only the court’s finding that the department had made reasonable efforts to reunify her and the child.

[346]*346In rendering judgment, the court found the following facts. The child was bom on May 26,1997. Because the respondent was imprisoned at the time of the birth, the child was discharged from the hospital to the custody of a maternal aunt. When the respondent was released from prison in September, 1997, she assumed custody of the child and, soon thereafter, moved into a motel. In January, 1998, the state successfully prosecuted the respondent after testing revealed that she had been using cocaine. The respondent and the child were placed in an alternative incarceration program for women with babies. Two months later, the respondent was transferred to a prison; she was released in April, 1998.

In November, 1998, the respondent was arrested on a domestic violence charge and, again, was successfully prosecuted; she was imprisoned for one month and placed on three years probation. The respondent later “threatened or physically assaulted two of the three [department] social workers assigned to the case.”

In the months following April, 1999, the respondent did not comply with some of the specific steps that had been prescribed by the court: She failed to attend counseling sessions for anger management, and she failed to attend domestic violence counseling sessions. In October, 1999, the respondent was enrolled in an inpatient substance abuse program. She quit the program one month later. The department then referred the respondent to a series of outpatient substance abuse programs. The respondent, nevertheless, failed to keep her appointments and continued to test positive for cocaine use. Finally, on November 21,2000, the respondent enrolled in an inpatient program at Connecticut Valley Hospital (hospital) and successfully completed a forty-five day substance abuse treatment program.

Upon completing the program, the respondent asked the department to assist her in obtaining housing. In [347]*347response, the department “did nothing more than make one telephone call to Community Action with no follow up. ” Nine days after the respondent completed the forty-five day program, a drug test revealed that she once again was using cocaine. In March, 2001, the respondent sought to enroll in another outpatient substance abuse program. She, nonetheless, missed each of three appointments that had been scheduled to admit her into the program. Finally, the court found that as of the conclusion of the termination proceedings, the respondent continued to use cocaine and that the child had spent more than three of her four years of life in foster care.

The court concluded that the department had “made reasonable efforts to reunite the parents with [the child].” It noted that the department had worked with the respondent on trying to find suitable drug treatment programs. It noted also that the department had offered intensive family preservation services as far back as 1998 and that the respondent and the father had refused those services. Although the department’s response to the respondent’s request for assistance in obtaining housing following her stay at the hospital had been “shameful and far beneath any acceptable level of professional conduct,” the commissioner proved “by clear and convincing evidence that reasonable efforts had been made to reunify [the child] with her parents.” The department had made multiple referrals for the respondent to assist her in overcoming her cocaine addiction. Additionally, the court concluded: “Neither respondent parent has been prevented from maintaining a meaningful relationship with [the child] by any unreasonable act or conduct of each other or any other person, agency or economic circumstances. . . . Cocaine addiction and a failure to follow through on counseling are the factors that prohibit reunification [348]

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Cite This Page — Counsel Stack

Bluebook (online)
789 A.2d 1158, 68 Conn. App. 342, 2002 Conn. App. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ebony-h-connappct-2002.