In Re GS

980 A.2d 935, 117 Conn. App. 710, 2009 Conn. App. LEXIS 469
CourtConnecticut Appellate Court
DecidedOctober 27, 2009
Docket29890
StatusPublished
Cited by16 cases

This text of 980 A.2d 935 (In Re GS) 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 GS, 980 A.2d 935, 117 Conn. App. 710, 2009 Conn. App. LEXIS 469 (Colo. Ct. App. 2009).

Opinion

980 A.2d 935 (2009)
117 Conn.App. 710

In re G.S.[*]

No. 29890.

Appellate Court of Connecticut.

Argued September 3, 2009.
Decided October 27, 2009.

*937 David J. Reich, for the appellant (respondent mother).

Colleen B. Valentine, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Susan T. Pearlman, assistant attorney general, for the appellee (petitioner).

GRUENDEL, BEACH and ALVORD, Js.

GRUENDEL, J.

This appeal underscores the sad distinction between willingness and ability to parent a child. The respondent mother appeals from the judgment of the trial court terminating her parental rights as to G, her minor child.[1] She contends that the court (1) erroneously found that the department of children and families (department) made reasonable efforts to reunify her with G, (2) failed to make that finding pursuant to the clear and convincing evidence standard and (3) erroneously found that she had failed to achieve a sufficient degree of personal rehabilitation pursuant to General Statutes § 17a-112(j)(3). We affirm the judgment of the trial court.

G was born on September 8, 2005. The respondent had an extensive history of substance abuse and exposed G to cocaine and ecstasy while in utero. Moreover, at the time of G's birth, the respondent was incarcerated at the York Correctional Institution in Niantic. As a result, the department immediately received a referral upon G's birth.

Days later, the petitioner, the commissioner of children and families, filed a neglect petition and a motion for an order of temporary custody. The latter motion was granted and subsequently sustained by agreement on September 16, 2005. The petitioner placed G in a foster home under the care of Glenda C., where she since has resided. On January 31, 2006, following a plea of nolo contendere by the respondent, G was adjudicated neglected and committed to the custody of the petitioner. A permanency plan thereafter was submitted, which called for reunification with the respondent. The respondent also *938 agreed to comply with certain specific steps ordered by the court to facilitate the return of G to her.[2]

By all accounts, the respondent complied with those steps. She consistently tested negative during random drug screenings. While incarcerated, she participated in the Marilyn Baker House substance abuse program offered at the York Correctional Institution. Upon her January 12, 2006 release therefrom, the respondent resided in a therapeutic shelter to continue her substance abuse efforts and began attending Narcotics Anonymous meetings. When the respondent left that shelter in May, 2006, the department referred her to the Morris Foundation intensive outpatient program, which provided substance abuse and mental health services. The respondent also met with a clinician at St. Mary's Behavioral Health Center, where she received medication management services. The department further referred the respondent to Nutmeg Family Services, LLC, which provided visitation services, parenting instruction and supervision from the time of the respondent's release from incarceration until trial in this matter. In January, 2007, the department referred the respondent to Family Services of Greater Waterbury, Inc., for an intensive family reunification program. The respondent participated in that three month program, albeit unsuccessfully.

In a letter dated April 27, 2007, the intensive family reunification worker, Sylvia Veronneau, informed the petitioner of her concerns that the respondent "is unable to parent by herself" and that she "hasn't shown much improvement or demonstrated strong parenting skills." Veronneau had supervised twenty-three hours of visitation between the respondent and G and noted that the respondent did not regularly engage the child, displayed poor time management, encountered difficulty in balancing nap time and feeding time, displayed erratic behavior from day to day and failed to take her medication for a bipolar disorder on a regular basis. The respondent was discharged from the intensive family reunification program soon thereafter, with the program recommending against reunification of the respondent and G.

The respondent similarly indicated that she was not prepared for reunification at that time. On April 25, 2007, she informed her social worker that "she is not ready for reunification with [G]. [The respondent] stated that she is worried about having her back with her [full-time]. [The respondent] acknowledged that when [G] comes for a visit she does not really know what to do and is exhausted when the visit is over. *939 [The respondent] reported [that] she does still want to work towards reunification, but does not feel she is ready yet." Likewise, the respondent on May 1, 2007, "informed her attorney in [the] presence of [her social worker] that she was not ready for reunification at this time." As a result of these developments, the fact that G had been in the care of the petitioner for twenty months and the fact that reunification appeared unlikely in the foreseeable future, the petitioner on July 31, 2007, submitted to the court a permanency plan for the termination of the respondent's parental rights. The petitioner further sought a psychological evaluation of the respondent, which the court granted. On August 28, 2007, the respondent moved to revoke commitment; the petitioner filed a petition for the termination of the respondent's parental rights on October 3, 2007. The motion to revoke commitment and the permanency plan were consolidated with the termination trial, which commenced on March 26, 2008. Nutmeg Family Services, LLC, continued to provide visitation services, parenting instruction and supervision until that time.

At trial, the court heard testimony from clinical psychologist Nancy Randall, Monique Mooney of Nutmeg Family Services, LLC, department worker Brenda Sheremeta, foster mother Glenda C. and the respondent. In addition, the parties introduced twenty-nine exhibits into evidence. In its April 17, 2008 memorandum of decision, the court concluded that the respondent had "failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, she could assume a responsible position in the life of the child" and further determined that termination of the respondent's parental rights was in G's best interest. The court thus granted the termination petition, approved the permanency plan and denied the respondent's motion to revoke commitment. From that judgment, the respondent appeals.

I

The respondent claims that the court erroneously found that the department made reasonable efforts to reunify her with G. We conclude that there was adequate evidence in the record to support the court's determination.

"In order to terminate parental rights under § 17a-112 (j), the department is required to prove, by clear and convincing evidence, that it 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. . . . [Section 17a-112] imposes on the department the duty, inter alia, to make reasonable efforts to reunite the child or children with the parents. The word reasonable is the linchpin on which the department's efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Corey C.
Connecticut Appellate Court, 2020
In re Cameron W.
Connecticut Appellate Court, 2019
In re Joseph M.
Connecticut Appellate Court, 2015
In re Harlow P.
78 A.3d 281 (Connecticut Appellate Court, 2013)
In re Jah'za G.
60 A.3d 392 (Connecticut Appellate Court, 2013)
In re Aziza S.-B.
53 A.3d 1001 (Connecticut Appellate Court, 2012)
In Re Christopher C.
39 A.3d 1127 (Connecticut Appellate Court, 2012)
Thomas v. State
24 A.3d 12 (Connecticut Appellate Court, 2011)
In Re Luciano B.
21 A.3d 858 (Connecticut Appellate Court, 2011)
In Re Alison M.
15 A.3d 194 (Connecticut Appellate Court, 2011)
In re Devon W.
6 A.3d 100 (Connecticut Appellate Court, 2010)
In Re Summer S.
5 A.3d 972 (Connecticut Appellate Court, 2010)
In Re Jazmine B.
996 A.2d 286 (Connecticut Appellate Court, 2010)
In Re Diamond J.
996 A.2d 296 (Connecticut Appellate Court, 2010)
In Re GS
984 A.2d 67 (Supreme Court of Connecticut, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
980 A.2d 935, 117 Conn. App. 710, 2009 Conn. App. LEXIS 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gs-connappct-2009.