In re Gabriella A.

CourtSupreme Court of Connecticut
DecidedDecember 15, 2015
DocketSC19435 Dissent
StatusPublished

This text of In re Gabriella A. (In re Gabriella A.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Gabriella A., (Colo. 2015).

Opinion

****************************************************** The ‘‘officially released’’ date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. In no event will any such motions be accepted before the ‘‘officially released’’ date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and 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 repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** IN RE GABRIELLA A.—DISSENT

ROBINSON, J., with whom ZARELLA, J., joins, dis- senting. I disagree with the trial court’s determination, upheld by the Appellate Court, that the petitioner, the Commissioner of Children and Families,1 made reason- able efforts to reunify the respondent with her minor child, Gabriella A.2 In re Gabriella A., 154 Conn. App. 177, 188, 104 A.3d 805 (2014). I am troubled by the fact that the petitioner moved to terminate the respondent’s parental rights after admitting that her initial treatment was inadequate, referring her for more appropriate treatment, and not inquiring into her progress in that treatment before filing the petition. Even more problem- atic is the petitioner’s reliance on the respondent’s insufficient progress in her previous therapy—which the petitioner referred her to and later admitted did not address her particular issues—in seeking to termi- nate her parental rights. I, further, disagree with the majority that the petitioner met the burden of proving that the respondent was unable to benefit from reunifi- cation services under these circumstances. I, therefore, respectfully dissent. In order to terminate parental rights, the petitioner is required to prove by clear and convincing evidence that the petitioner ‘‘has made reasonable efforts . . . to reunify the child with the parent . . . unless the court finds . . . that the parent is unable or unwilling to benefit from reunification efforts . . . .’’ General Statutes § 17a-112 (j) (1). ‘‘The word reasonable is the linchpin on which the [petitioner’s] efforts in a particu- lar set of circumstances are to be adjudged . . . . Nei- ther the word reasonable nor the word efforts is, however, defined by our legislature or by the federal act from which the requirement was drawn. . . . [R]ea- sonable efforts means doing everything reasonable, not everything possible.’’ (Internal quotation marks omit- ted.) In re Samantha C., 268 Conn. 614, 632, 847 A.2d 883 (2004). Given the fact intensive nature of this inquiry, I briefly recount the petitioner’s efforts to reunify the respon- dent with Gabriella.3 In December, 2011, the petitioner referred the respondent to Radiance Innovative Ser- vices (Radiance) for a mental health assessment, parent education classes, and case management. The peti- tioner also referred the respondent to the Wheeler Clinic (Wheeler) for substance abuse screenings and counseling. The respondent met weekly with a case manager at Radiance, and completed a seven session counseling program at Wheeler. Wheeler reported no substance abuse issues and ‘‘successfully’’ discharged the respondent in February, 2012. During this time, the respondent also attended a nonoffending caregiver group at the Greater Hartford Children’s Advocacy Cen- ter at Saint Francis Hospital and Medical Center (advo- cacy center). The respondent’s traumatic history was revealed early on in her treatment. In December, 2011, the respondent’s assessment at Wheeler noted that she has experienced ‘‘extremely traumatic event[s],’’ including ‘‘[s]exual or physical assault’’ and the ‘‘[s]udden death of someone close’’ to her. The assessment also notes that she has ‘‘intense recollections’’ of those traumatic life events. Between January and February, 2012, the respondent’s participation in the nonoffending care- giver group demonstrated her trauma, as much of her sharing focused on the sexual abuse that she, herself, had suffered as a child.4 The respondent’s mental health assessment at Radiance in May, 2012, revealed that her childhood in Jamaica was ‘‘full of chaos, hurt, pain, trauma, and survival.’’5 The examiner concluded that the respondent has experienced ‘‘significant trauma, loss, and abandonment’’ and that her ‘‘unresolved issues related to her sexual trauma continue to present emo- tional barriers . . . .’’ The examiner at Radiance fur- ther noted that ‘‘[i]t is of utmost importance that [the respondent] becomes involved in a therapeutic process that will address her trauma . . . .’’ Despite this consensus, the respondent’s subsequent therapy did not address her trauma. Between June and December, 2012, the respondent attended weekly ther- apy sessions with Tamar Draughn, a licensed profes- sional counselor at Radiance. The respondent made some progress with regard to her anger and depression, but was unable to address her extensive childhood trauma or connect it to her current behavior. Draughn attributed this failure to the fact that the sessions were often conducted in a public place, where the respondent could not speak openly about her painful past.6 Addi- tionally, because the respondent missed ten of her twenty-four scheduled sessions, Draughn pointed to the inconsistency in sessions as a factor in failing to address her trauma history. Three of those ten sessions, how- ever, were cancelled through no fault of the respondent. The respondent’s medical issues and a court date accounted for several other missed sessions, which she tried to reschedule. During this time, the respondent began weekly supervised visits with Gabriella. Radiance discharged the respondent on December 7, 2012, when its contract with the petitioner expired. The respondent’s discharge summary stated the reason for the discharge was ‘‘[p]ayment approval ended.’’ Draughn, who completed the discharge summary, added that ‘‘[d]ue to inconsistencies in therapy sessions [the respondent] has not made adequate progress’’ and that she ‘‘struggles to gain insight to a connection between her traumatic experiences and her current per- spective and behaviors.’’ Draughn explained that they had only just begun to address the respondent’s trauma when the contract between Radiance and the petitioner ended. Instead, their work had focused on the respon- dent’s emotional issues. Draughn testified that, in hind- sight, her ‘‘ideal treatment plan’’ would have been beginning with trauma therapy, which would have allowed the respondent to gain insight into her current perspectives and behavior.7 All of the respondent’s eval- uators agreed that the respondent needed to deal with her trauma issues before she could gain insight into her present situation.8 Thus, upon discharge, Draughn recommended that the respondent receive intensive trauma therapy in a private, more traditional setting.

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Bluebook (online)
In re Gabriella A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gabriella-a-conn-2015.