In re John G.

740 A.2d 496, 56 Conn. App. 12, 1999 Conn. App. LEXIS 457
CourtConnecticut Appellate Court
DecidedNovember 30, 1999
DocketAC 17965
StatusPublished
Cited by81 cases

This text of 740 A.2d 496 (In re John G.) 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 John G., 740 A.2d 496, 56 Conn. App. 12, 1999 Conn. App. LEXIS 457 (Colo. Ct. App. 1999).

Opinion

Opinion

DUPONT, J.

The respondent mother1 appeals from the judgment of the trial court terminating her parental rights with respect to her child, John G. On appeal, the respondent claims that the trial court improperly found that (1) she failed to achieve sufficient personal rehabilitation, (2) she abandoned John, (3) no ongoing parent-child relationship existed between her and John for more than one year and (4) termination of her parental rights was in the best interest of John. We affirm the judgment of the trial court.

In a comprehensive memorandum of decision, dated November 14,1997, the court found the following facts. John was born prematurely on July 15,1984, and experienced oxygen deprivation and a cerebral hemorrhage at birth. Due to his premature birth and multiple medical problems, he was hospitalized continuously for several months following his birth.

Following his discharge from the hospital on October 5, 1984, John was immediately placed in licensed foster care after the petitioner, the commissioner of children and families (commissioner), obtained an order of temporary custody. It was alleged that the respondent was living under conditions detrimental to John’s health and [14]*14inappropriate for his proper care, given his medical condition. On that same date, the commissioner filed a neglect petition with respect to John. On February 21, 1985, the petition was granted, and John was committed to the care of the commissioner for a period not to exceed eighteen months. The commitment was thereafter extended.2

John has multiple disabilities and is mentally challenged. He is paralyzed in both legs, requires extensive services and was diagnosed as suffering from cerebral palsy in October, 1985. The respondent consistently visited John for the first year he was in placement. Her visitation decreased markedly after John was diagnosed with cerebral palsy.

The respondent was encouraged to go to the child’s rehabilitation center to learn about his needs and the exercises that he would need to perform while he was in her care. The respondent was also asked to address concerns about the physical condition in the home where she was residing, including the frequent lack of heat, since John’s medical problems made him suscepti[15]*15ble to pneumonia. A visitation plan was devised whereby the respondent could have contact with her son three times each week. The department of children and families (department) provided her with a bus pass, and there was evidence that she did not live far away from her son.

Despite the foregoing, the respondent’s visits with John were sporadic. Her last visit occurred during 1994 or 1995. According to the respondent’s own testimony, she visited John on a total of sixteen occasions between July, 1989, and February, 1996, when the present termination petition was filed. She could have visited John twelve times each month during that period. Furthermore, the respondent did not obtain housing accessible to persons with disabilities such as John’s, which would have enabled John to visit the respondent at her home.

For approximately ten year's, John lived with a foster parent who has since died. In 1994, he was relocated to a specialized foster home operated by a pediatric nurse, where he currently resides.

On February 5,1996, the commissioner filed the present termination of parental rights petition with respect to John.3 The petition initially alleged four grounds for termination: abandonment; parental failure to achieve rehabilitation; lack of ongoing parent-child relationship; and denial by acts of commission or omission of necessary care, guidance or control. The commissioner subsequently withdrew the allegations of denial of necessary care, guidance or control at the conclusion of trial. The trial began on November 4,1996, and continued on various dates over a period of approximately seven months. The petitioner placed twenty-seven exhibits into evidence and offered testimony from nine witnesses, including a court-appointed psychologist. [16]*16The respondent testified on her own behalf but did not offer documentary evidence. Counsel for the minor child participated in the proceedings but did not offer evidence or testimony.

The court found that the commissioner had proven all three statutory grounds for termination by clear and convincing evidence and that termination was in John’s best interest. The court rendered judgment terminating the respondent’s parental rights on November 14,1997. This appeal followed.

“The standard for review on appeal [from a termination of parental rights] is whether the challenged findings are clearly erroneous. In re Luis C., [210 Conn. 157, 166, 554 A.2d 722 (1989)]; In re Christina V., 38 Conn. App. 214, 223, 660 A.2d 863 (1995). The determinations reached by the trial court that the evidence is clear and convincing will be disturbed only if [any challenged] finding is not supported by the evidence and [is], in light of the evidence in the whole record, clearly erroneous. . . .

“On appeal, our function is to determine whether the trial court’s conclusion was legally correct and factually supported. In re Michael M., [29 Conn. App. 112, 121, 614 A.2d 832 (1992)]; In re Megan M., 24 Conn. App. 338, 342, 588 A.2d 239 (1991) .... We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached; Pandolphe’s Auto Parts, Inc. v. Manchester, [181 Conn. 217, 222, 435 A.2d 24 (1980)]; nor do we retry the case or pass upon the credibility of the witnesses. In re Christine F., 6 Conn. App. 360, 366-67, 505 A.2d 734, cert. denied, 199 Conn. 808, 809, 508 A.2d 769, 770 (1986). Rather, on review by this court every reasonable presumption is made in favor of the trial court’s ruling. .. .

[17]*17“A hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition. In re Tabitha P., 39 Conn. App. 353, 360, 664 A.2d 1168 (1995). In the adjudicatory phase, the trial court determines whether one of the statutory grounds for termination of parental rights exists by clear and convincing evidence. If the trial court determines that a statutory ground for termination exists, it proceeds to the dispositional phase. In the dispositional phase, the trial court determines whether termination is in the best interests of the child. ... In re Danuael D., 51 Conn. App. 829, 836-37, 724 A.2d 546 (1999); In re Roshawn R., 51 Conn. App. 44, 51-52, 720 A.2d 1112 (1998).” (Internal quotation marks omitted.) In re Denzel A., 53 Conn. App. 827, 831-32, 733 A.2d 298 (1999).

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Bluebook (online)
740 A.2d 496, 56 Conn. App. 12, 1999 Conn. App. LEXIS 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-g-connappct-1999.