In re Juvenile Appeal (84-6)

483 A.2d 1101, 2 Conn. App. 705, 1984 Conn. App. LEXIS 713
CourtConnecticut Appellate Court
DecidedNovember 20, 1984
Docket2560
StatusPublished
Cited by106 cases

This text of 483 A.2d 1101 (In re Juvenile Appeal (84-6)) 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 Juvenile Appeal (84-6), 483 A.2d 1101, 2 Conn. App. 705, 1984 Conn. App. LEXIS 713 (Colo. Ct. App. 1984).

Opinion

Spallone, J.

This is an appeal by the respondent, the father of three minor children, from a judgment terminating his parental rights to his children pursuant to General Statutes § 17-43a.

[706]*706The record reveals the following facts: On January 2, 1982, the respondent killed his wife, the mother of the children involved in this appeal, and their fifteen year old daughter in the family apartment. The three surviving children, who were present in the home at the time, were placed by the department of children and youth services (hereinafter DCYS) with foster caretakers. Under an ex parte order of temporary custody, the children were subsequently placed in the care of relatives.

The respondent, who had fled to Puerto Rico, was apprehended and charged with two counts of murder. He pleaded guilty to both counts under the Alford doctrine; North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970); and was sentenced to concurrent terms of imprisonment totalling forty years.1 Thereafter, the children were adjudicated as “uncared for”2 and committed to the custody of DCYS.

DCYS petitioned under General Statutes § 17-43a to terminate the respondent’s parental rights with respect to each of the children. The trial court granted the petitions on the ground that there was “no ongoing parent-child relationship” and that “to allow further time for the establishment or reestablishment of such parent-[707]*707child relationship would be detrimental to the best interest of the child.”3 The respondent has appealed from that judgment.

The sole issue in this appeal is whether the court erred in finding that there was no ongoing parent-child relationship between the, respondent and his children. The respondent claims that there was insufficient evidence to support the conclusion that no ongoing parent-child relationship existed. We disagree.

Our statutes define the termination of parental rights as “the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and his parent . . . .” General Statutes § 45-61b (g). It is a most serious and sensitive realm of judicial action. Anonymous v. Norton, 168 Conn. 421, 430, 362 A.2d 532, cert. denied, 423 U.S. 935, 96 S. Ct. 294, 46 L. Ed. 2d 268 (1975). When state interference is brought to bear on the parent-child relationship, the natural rights of parents in their children are to be afforded deference and, absent a powerful countervailing interest, protection. Stanley v. Illinois, [708]*708405 U.S. 645, 651, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972); In re Juvenile Appeal (Docket No. 9489), 183 Conn. 11, 13, 438 A.2d 801 (1981); In re Juvenile Appeal (Anonymous), 177 Conn. 648, 671, 420 A.2d 875 (1979); In re Juvenile Appeal (84-3), 1 Conn. App. 463, 466, 473 A.2d 795 (1984). To justify the termination of parental rights in the absence of consent, one or more of the grounds set forth in General Statutes § 17-43a must be proven by clear and convincing evidence. In re Juvenile Appeal (84-3), supra, 467; see In re Juvenile Appeal (83-CD), 189 Conn. 276, 296, 455 A.2d 1313 (1983).

General Statutes § 17-43a (a) (4), the section pursuant to which the trial court terminated the respondent’s parental rights, requires that a two-pronged determination be made. First, the court must determine that no ongoing parent-child relationship exists; and second, it must look into the future and determine whether it would be detrimental to the child’s best interests to allow time for such a relationship to develop. In re Juvenile Appeal (Anonymous), supra, 670; In re Juvenile Appeal (84-3), supra, 479.

Here, the respondent claims that the trial court erred in its finding as to the first prong of the determination. Specifically, he argues that the court erred in concluding that there was no ongoing parent-child relationship because the children have present memories and feelings for him. The respondent claims that these memories or feelings, although negative, are proof of his ongoing parental relationship with his children. He bases his argument on In re Juvenile Appeal (Anonymous), supra, in which the Supreme Court, in construing § 17-43a (a) (4), stated: “It is reasonable to read the language of ‘no ongoing parent-child relationship’ to contemplate a situation in which, regardless of fault, a child either has never known his or her parents, so that no relationship has ever developed between them, or has definitely lost that relationship, so that despite [709]*709its former existence it has now been completely displaced. In either case the ultimate question is whether the child has no present memories or feelings for the natural parent. . . . The statute does not authorize the termination of parental rights upon a showing of a troubled relationship, but only upon a showing of no relationship.” (Emphasis in original.) Id., 670-71.

W'e must keep in mind that in fashioning the definition of “no ongoing parent-child relationship” the Supreme Court in In re Juvenile Appeal (Anonymous), supra, was construing General Statutes § 17-43a (a) (4). Both the statute and its subsequent judicial gloss must be read so as to make common sense and so as not to lead to a bizarre result. Eagle Hill Corporation v. Commission on Hospitals & Health Care, 2 Conn. App. 68, 75, 477 A.2d 660 (1984). Thus, in applying that definition to the facts of this case, we focus on “the ultimate question [of] whether the child has no present memories or feelings for the natural parent.” (Emphasis added.) In re Juvenile Appeal (Anonymous), supra. Common sense and the avoidance of bizarre results dictate that we read that language in its ordinary meaning. As the respondent conceded in argument before this court, his line of reasoning would apply as well if the children had similar feelings toward him resulting from an attempt, on his part, to kill them. As used here, “for” means “what is said or felt in favor of someone or something: pro.” Webster, Third New International Dictionary. We must conclude, therefore, that the phrase “feelings for the natural parent” refers to feelings of a positive nature. It does not encompass the extreme, psychologically corrosive and destructive feelings which are evident in this situation.

This tragic case forces us, therefore, to consider the meaning of “no ongoing parent-child relationship” in a family scenario which exceeds in pathos the trouble and confusion which characterized the parent-child rela[710]*710tionship in In re Juvenile Appeal (Anonymous), supra.

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Bluebook (online)
483 A.2d 1101, 2 Conn. App. 705, 1984 Conn. App. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-juvenile-appeal-84-6-connappct-1984.