In re G. H.

CourtConnecticut Appellate Court
DecidedNovember 22, 2022
DocketAC45427
StatusPublished

This text of In re G. H. (In re G. 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 G. H., (Colo. Ct. App. 2022).

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 G. H. ET AL.* (AC 45427) Alvord, Clark and Palmer, Js.

Syllabus

The respondent mother appealed to this court from the judgment of the trial court terminating her parental rights with respect to her minor children G and N. At the time of the trial on the termination petitions, G was two and one-half years old and N was four years old. G, who was born prematurely and is considered medically complex, has never resided with the mother. P, the father of G and N, was also named as a respondent in the petitions for termination but died during the pen- dency of the proceedings. Held: 1. The trial court correctly concluded that the respondent mother failed to achieve a sufficient degree of personal rehabilitation as would encourage the belief that, within a reasonable time, she could assume a responsible position in the lives of G and N, as the record contained sufficient evidence to support that court’s conclusion that the petitioner, the Com- missioner of Children and Families, had proven by clear and convincing evidence that the mother failed to rehabilitate, considering the ages and needs of G and N; moreover, contrary to the mother’s claims, the trial court acknowledged that the mother complied with medication manage- ment and substance abuse treatment, obtained housing and secured part-time employment, but the court also noted that the mother was unclear as to how she would financially support the children if they were returned to her care, and considered the mother’s progress in relation to her failure to consistently engage with and reap any benefit from individual counseling services, her resistance to appreciate and articulate how she would avoid negative relationships in the future, and her persistent involvement with P in the face of his multiple arrests for drug sales; furthermore, the court repeatedly emphasized the opinion of a psychologist that the mother exhibited continued and unaddressed mental health difficulties, had only a visiting relationship with G and N, was unable to keep her children safe during her extended relationship with P, and put her relationship with P above the needs of her children, despite acknowledging that it was dangerous for the children to be in a home during drug sales; accordingly, the court’s subordinate factual findings, contrary to the mother’s claims, were supported by the evidence and the rational inferences to be drawn therefrom and were not clearly erroneous. 2. The respondent mother could not prevail on her claim that the trial court’s judgment should be reversed on the basis that its memorandum of decision contained inconsistent statements as to whether it considered only events preceding the filing of the petitions or whether it exercised its discretion to consider events through the time of trial: in the adjudicatory phase, the trial court may rely on events occurring after the date of the filing of the petition to terminate parental rights when considering the issue of whether the degree of rehabilitation was sufficient to foresee that the parent may resume a useful role in the child’s life within a reasonable time; in the present case, the two statements that the mother claimed were inconsistent were set forth during the trial court’s analysis of whether the mother’s degree of rehabilitation was sufficient to foresee that she may resume a useful role in the lives of G and N within a reasonable time, and, therefore, were properly incorporated into the court’s determination of whether a ground for termination of parental rights existed; furthermore, regardless of whether the court expressly stated that it considered events preceding the filing of the petitions or through the time of trial, the record demonstrated that the court considered events that occurred after the filing of the petitions and through the time of trial. 3. The respondent mother’s claim that the trial court erroneously concluded that termination of her parental rights was in the best interests of G and N was unavailing: the trial court considered and made findings under each of the seven factors delineated in the applicable statute (§ 17a-112 (k)) and properly determined that, under the totality of the circumstances, the termination of the mother’s parental rights was in the best interests of G and N; in the present case, the trial court consid- ered the ages of G and N, as well as the amount of time they have spent in foster care, the children’s needs for stability and permanence, the opportunity for the children to have a healthy and emotionally stable life, and its findings as to the mother’s failure to rehabilitate; furthermore, although the court acknowledged the relationship between G and N and the mother, as well as the relationship between G and N and their siblings, such a bond did not overcome the court’s conclusion that termination of the mother’s parental rights was in the best interests of G and N. Argued October 4—officially released November 22, 2022**

Procedural History

Petitions by the Commissioner of Children and Fami- lies to terminate the respondent mother’s parental rights with respect to her minor children, brought to the Superior Court in the judicial district of New London, Juvenile Matters, and tried to the court, Hoffman, J.; judgments terminating the respondent mother’s paren- tal rights, from which the respondent mother appealed to this court. Affirmed. Benjamin M. Wattenmaker, assigned counsel, for the appellant (respondent mother). Amanda Szyszkiewicz, assistant attorney general, with whom, on the brief, were William Tong, attorney general, and Evan O’Roark, assistant attorney general, for the appellee (petitioner). Opinion

ALVORD, J. The respondent mother, Jessica M. H., appeals from the judgments of the trial court terminat- ing her parental rights with respect to her minor chil- dren, G. H. (G) and N. H. (N).1 On appeal, the respondent claims that the trial court (1) improperly concluded that she had failed to rehabilitate to such a degree as to reasonably encourage a belief that she could assume a responsible position in the lives of her children, (2) made inconsistent statements in its memorandum of decision that require reversal, and (3) improperly con- cluded that the termination of her parental rights was in the best interests of the children.2 We affirm the judgments of the trial court. The following facts, which the court found by clear and convincing evidence, and procedural history, are relevant to this appeal. The respondent has nine chil- dren and her history with the Department of Children and Families (department) dates back to 1999.

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Bluebook (online)
In re G. H., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-g-h-connappct-2022.