In re Kasheema L.

744 A.2d 441, 56 Conn. App. 484, 2000 Conn. App. LEXIS 34
CourtConnecticut Appellate Court
DecidedJanuary 25, 2000
DocketAC 17767
StatusPublished
Cited by30 cases

This text of 744 A.2d 441 (In re Kasheema L.) 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 Kasheema L., 744 A.2d 441, 56 Conn. App. 484, 2000 Conn. App. LEXIS 34 (Colo. Ct. App. 2000).

Opinion

Opinion

HENNESSY, J.

The respondent mother1 appeals from the trial court’s judgments terminating her parental rights with respect to her four children. The respondent claims that the trial court failed to adhere to General Statutes (Rev. to 1997) § 17a-112 (c) (3) (B)2 in finding that she failed to achieve such a degree of personal rehabilitation as would encourage the belief that within a reasonable time, she could assume a responsible position in the lives of her children. We affirm the judgments of the trial court.

The following facts and procedural history are relevant to this appeal. The respondent has an extensive history of drug abuse. In March, 1992, the commissioner [486]*486of the department of children and families (commissioner) petitioned the court, alleging that the respondent’s two children were neglected. The petition alleged that the two children, one of whom was one month old, were found on the street with the intoxicated respondent at 4 a.m. The temperature was just below freezing and the children were nearly hypothermic. The two children were eventually adjudicated to be neglected. The younger child was committed to the commissioner’s custody, and the older child was allowed to return to the respondent under protective supervision at an in-patient drug rehabilitation program. The respondent relapsed after the six month treatment program and the older child was once again brought before the court, subsequently adjudicated neglected and committed to the custody of the commissioner.

Thereafter, the respondent gave birth to a third child, who was also committed to the commissioner’s care within six weeks of his birth because the respondent returned to her shelter intoxicated and unable to care for the child. The child was returned to the respondent under protective supervision, but was later removed once again because the respondent was still using drugs, had an unsanitary apartment and an abusive boyfriend and was not properly caring for her child.

The respondent was in another drug rehabilitation program when her fourth child was bom. Shortly thereafter, the child was committed to the care of the commissioner when the respondent left the child with someone and failed to return. The respondent began another drug treatment program and left against clinical advice one month later. The following month, she entered yet another substance abuse program, which she completed in March, 1996. During the lives of her children, the respondent had entered five drug abuse programs and relapsed after completing each of them. In April, 1996, the commissioner filed petitions for ter[487]*487mination of the respondent’s parental rights in all four children. Since that time, the respondent completed another substance abuse program and has since remained drug free. She has also married and secured employment.

The court found that despite the efforts of the department of children and families to reunify the respondent with her children, the respondent failed to attend some visits with her children and did not go to scheduled classes to help her with her deficits. In addition, she has a high risk of relapse into her drug problem, as she has been in and out of numerous drug programs without success. The trial court also found that the respondent failed to achieve such a degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the needs and age of the children, she could assume a responsible position in the lives of these children pursuant to § 17a-112 (c) (3) (B). In addition, the trial court found that it was in the best interests of the children to have the respondent’s parental rights terminated. The respondent appealed.

“ ‘The hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition. See Practice Book § 1042.1 et seq. [now § 33-1 et seq.]. In the adjudicatory phase, the trial court determines whether the statutory ground for termination of parental rights exists by clear and convincing evidence.’ ” In re Pascacio R., 52 Conn. App. 106, 109, 726 A.2d 114 (1999). “In making the adjudicatory determination, the court is limited to considering events preceding the filing of the termination petition or the latest amendment.” In re Tabitha P., 39 Conn. App. 353, 367, 664 A.2d 1168 (1995); see Practice Book § 33-3 (a).

“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 deter[488]*488mines whether the termination of parental rights is in the best interests of the child. In re Maximina V., 44 Conn. App. 80, 82-83, 686 A.2d 1005 (1997). In re Drew R., 47 Conn. App. 124, 127, 702 A.2d 647 (1997).” (Internal quotation marks omitted.) In re Pascacio R., supra, 52 Conn. App. 109. “In making this determination, the trial court can consider all events occurring prior to the date of the dispositional hearing, including those occurring after the filing of the termination petition.” In re Tabitha P., supra, 39 Conn. App. 367.

“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). ... On appeal, our function is to determine whether the trial court’s conclusion was legally correct and factually supported. . . . We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached .... Rather, on review by this court every reasonable presumption is made in favor of the trial court’s ruling.” (Citation omitted; internal quotation marks omitted.) In re Pascado R., supra, 52 Conn. App. 109-10.

The respondent claims that the court failed to adhere to the statutory criteria of § 17a-112 (c) (3) (B). Specifically, she claims that the court (1) found that she did, in fact, achieve rehabilitation, (2) improperly considered an “all encompassing” best interest standard and (3) improperly relied on publications in reaching its finding of failure to achieve personal rehabilitation pursuant to § 17a-112 (c) (3) (B).

I

“Personal rehabilitation as used in the statute refers to the restoration of a parent to his or her former constructive and useful role as a parent.” (Internal quota[489]*489tion marks omitted.) In re Christina V., supra, 38 Conn. App. 220. “[Section 17a-112 (c) (3) (B)] requires parental rights to be terminated if by clear and convincing evidence it is established that the respondent’s level of rehabilitation falls short of the level which would encourage the belief that within a reasonable time, considering the age and needs of the child, the parent could assume a responsible position [in the life of the child]. . . .

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Bluebook (online)
744 A.2d 441, 56 Conn. App. 484, 2000 Conn. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kasheema-l-connappct-2000.