In re Jacob M.

CourtConnecticut Appellate Court
DecidedMay 20, 2021
DocketAC44233, AC44237
StatusPublished

This text of In re Jacob M. (In re Jacob M.) 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 Jacob M., (Colo. Ct. App. 2021).

Opinion

**************************************************************** The ‘‘officially released’’ date that appears near the beginning of this opinion is the date the opinion 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. This opinion is subject to revisions and editorial changes, not of a substantive nature, and corrections of a technical nature prior to publication in the Connecticut Law Journal. **************************************************************** IN RE JACOB M.* (AC 44233) IN RE NATASHA T. ET AL. (AC 44237) Bright, C. J., and Moll and DiPentima, Js.

Syllabus

The respondent parents filed separate appeals to this court from the judg- ments of the trial court terminating their parental rights with respect to the minor children, N and J. N and J are the biological children of the respondent mother and J is the biological child of the respondent father. The petitions were consolidated for trial. Held: 1. The respondents could not prevail on their claim that the trial court, relying on an executive order issued by the governor in response to the COVID-19 pandemic, improperly denied their joint motion for a mistrial on the basis of the court’s failure to render its judgments within 120 days of the completion of the trial as required by statute (§ 51-183b), as the time limitation in § 51-183b properly had been suspended by the executive order at the time the judgments in the present case were rendered: the General Assembly set forth in statute (§ 28-9) a policy, which the governor followed, that, upon the governor’s declaration of a public health emergency pursuant to statute (§ 19-131a), the governor may suspend any statute that conflicts with the efficient and expeditious execution of civil preparedness functions or the protection of the public health, and such standards and limitations set forth by the legislature in § 28-9 (b) (1) were followed in the executive order suspending the 120 day requirement set forth in § 51-183b, and a requirement of adherence to a strict time limitation on the rendering of judgments in civil cases at the outset of the COVID-19 pandemic, when there were critical short- ages in sanitizer and personal protective equipment, reasonably could have interfered with the health and safety of the judges of the Superior Court and courthouse staff, who reasonably would have had to enter courthouses in order to review materials and to perform tasks necessary for the rendering of civil judgments; moreover, the time limitation set forth in § 51-183b, contrary to the mother’s claim, was not jurisdictional, as § 51-183b related to the authority given to the Superior Court to render judgments in civil cases within a certain time frame, and did not pertain to the jurisdiction of the court to decide certain types of cases. 2. The trial court properly concluded that the Department of Children and Families made reasonable efforts to reunify the mother with the minor children, the evidence in the record having supported the court’s deter- mination; the department offered the mother many services over a num- ber of years, including mental health treatment, parent mentoring ser- vices, visitation services, domestic violence counseling and transportation, as well as substance abuse treatment, and the mother attended a partial hospitalization program and an intensive outpatient program; moreover, although the department suspended visitation on the recommendation of a therapist, on the basis that the visits to the mother, who was at that time incarcerated, caused the children much emotional distress, the depart- ment continued its reunification efforts by regularly communicating with the children’s therapist to inquire about the children’s ability to resume visitation and provided updates to the mother on the children. 3. The trial court properly concluded that the department made reasonable efforts to reunify the father with J, the evidence in the record having supported the court’s determination: the department referred the father for substance abuse services to address his admitted opioid dependence, but he did not complete those programs successfully, and the court properly determined that it was not unreasonable for the department not to have referred the father for mental health services when he denied having any mental health concerns; moreover, the department’s efforts regarding visitation were reasonable under the circumstances wherein J had negative reactions following visitation, and, although the court suspended visitation, the department communicated with the father regularly and the department continually contacted the therapist to assess whether resumption of visitation was advisable. 4. The trial court’s determination that the termination of the father’s parental rights was in the best interest of J was not clearly erroneous, as it was supported by the court’s findings and conclusions with respect to the applicable statutory (§ 17a-112 (k)) factors, as well as the court’s conclu- sion regarding J’s need for permanency and stability: the father failed to demonstrate, in relying on the therapist’s recommendation that the children establish positive memories of their biological parents, that it was not in J’s best interest to have the father’s parental rights terminated, as the therapist recommended open adoption and did not recommend reunification, the court reasonably found that the father was not pre- vented from having a meaningful relationship with J due to the unreason- able acts or conduct of another person, specifically, J’s foster mother, with whom J had bonded, and J’s therapist, but, rather, that it was his own actions that caused him not to have a meaningful relationship with J; moreover, although the father alleged that the department did not make reasonable efforts to reunite him with J, including offering him services to improve his parenting skills or referrals for mental health concerns, the record indicated that the father denied that he had any mental health concerns, the department offered the father timely and appropriate services from the start of the case, and the court determined that the father neither adjusted nor corrected his circumstances to make it in J’s best interest to be returned to him. 5. This court declined to review the mother’s claim that the trial court improperly denied her motion to intervene, filed after the trial court rendered judgments terminating her parental rights, in which she sought posttermination visitation with the minor children, as the record was inadequate to review this claim because the trial court did not file a memorandum of decision explaining its ruling and the mother did not file a notice pursuant to the applicable rule of practice (§ 64-1 (b)) or a motion for articulation of the court’s factual and legal basis for its ruling. Argued February 18—officially released May 20, 2021**

Procedural History

Petitions by the Commissioner of Children and Fami- lies to terminate the respondents’ parental rights with respect to their minor children, brought to the Superior Court in the judicial district of Middlesex, Juvenile Mat- ters at Middletown, and tried to the court, Woods, J.; judgments terminating the respondents’ parental rights, from which the respondent father of Jacob M. and the respondent mother of Natasha T. et al. filed separate appeals to this court. Affirmed. Karen Oliver Damboise, for the appellant in Docket No. AC 44233 (respondent father). Albert J. Oneto IV, assigned counsel, for the appellant in Docket No. AC 44237 (respondent mother). Evan O’Roark, assistant attorney general, with whom, on the brief, were William Tong, attorney gen- eral, and Clare Kindall, solicitor general, for the appel- lee in both cases (petitioner).

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Bluebook (online)
In re Jacob M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jacob-m-connappct-2021.