In re Kristina D.

721 A.2d 1256, 51 Conn. App. 446, 1999 Conn. App. LEXIS 3
CourtConnecticut Appellate Court
DecidedJanuary 5, 1999
DocketAC 18147
StatusPublished
Cited by4 cases

This text of 721 A.2d 1256 (In re Kristina D.) 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 Kristina D., 721 A.2d 1256, 51 Conn. App. 446, 1999 Conn. App. LEXIS 3 (Colo. Ct. App. 1999).

Opinion

Opinion

FOTI, J.

The respondent mother (respondent) appeals from the judgments of the trial court terminating her parental rights with respect to her three children. The respondent claims that the trial court improperly concluded that the petitioner, the commissioner of the department of children and families, had proven, by clear and convincing evidence, the statutory grounds for termination under General Statutes § 17a-112. Specifically, the respondent claims that the trial court improperly concluded (1) that she failed to achieve a degree of personal rehabilitation as would encourage the belief that she could assume a responsible position [448]*448in her children’s lives pursuant to § 17a-112 (c) (3) (B)1 and (2) that it would be in the best interests of her children to terminate the respondent’s parental rights. We affirm the judgments of the trial court.

The following facts and procedural history are pertinent to our resolution of this appeal. On June 8, 1994, in response to an “at-risk” complaint, the police arrived at the respondent’s home and found her three young children outside and unsupervised. The respondent was inside her apartment asleep and intoxicated. The department invoked a ninety-six hour hold on the children and, on June 10, 1994, sought and obtained an order of temporary custody. The children were then placed in foster care and have remained there since that time.

On March 29, 1995, the children were adjudicated as neglected. On February 26,1997, the commissioner filed petitions requesting the termination of the respondent’s parental rights with respect to all three children pursuant to § 17a-112.2 In the petitions, the department alleged that the respondent had failed to achieve personal rehabilitation pursuant to § 17a-112 (c) (3) (B) and that her children had been denied the care, guidance or control necessary for their physical, educational, moral or emotional well-being pursuant to § 17a-112 (c) (3) [449]*449(C). The department also alleged, in accordance with § 17a-112 (c) (3), that each of these alleged grounds for termination had existed for more than one year.

Hearings were held before the trial court over three days, beginning on January 13,1998. In its memorandum of decision, dated January 16,1998, the trial court found that the commissioner had proven, by clear and convincing evidence, that the respondent had failed to achieve such 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.3 Finding that it would be in the best interests of her children, the trial court then terminated the respondent’s parental rights. It is from that judgment that the respondent appeals.

“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 [allegations of the] statutory ground 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 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).

“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 [450]*450Conn. App. 214, 223, 660 A.2d 863 (1995).” In re Eden F., 48 Conn. App. 290, 309, 710 A.2d 771, cert. granted on other grounds, 245 Conn. 917, 717 A.2d 234 (1998). “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. . . .’’(Citations omitted; internal quotation marks omitted.) Id.

I

The respondent first claims that the trial court improperly concluded that she failed to achieve personal rehabilitation. We disagree.

In this case, the adjudicatory determination made by the trial court was that the respondent had failed to achieve such degree of personal rehabilitation as would encourage the belief that, within a reasonable time, considering the ages and needs of her children, the respondent could assume a responsible position in their lives. See General Statutes § 17a-112 (c) (3) (B). “ ‘Personal rehabilitation’ as used in [§ 17a-112 (c) (3) (B)] refers to the restoration of a parent to his or her former constructive and useful role as apaxent.” In re Migdalia M., 6 Conn. App. 194, 203, 504 A.2d 533, cert. denied, 199 Conn. 809, 508 A.2d 770 (1986). Section 17a-112 (c) (3) (B) “requires the trial court to analyze the respondent’s rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable time. ” (Internal quotation marks omitted.) In re Christina V., supra, 38 Conn. App. 221.

We cannot conclude that the trial court’s determination that the respondent has failed to achieve personal rehabilitation was clearly erroneous. The trial court [451]*451noted that, at the time, the children were removed from her care, the respondent was an active substance abuser who was involved in an abusive relationship with her boyfriend, who was an alcoholic. It also noted that the respondent, in an attempt to “rid herself from the grip of substance abuse,” entered many mental health and substance abuse programs. The trial court indicated, however, that while the respondent did complete some of the programs, she relapsed following each attempt. The trial court found that this, as well as other “various documents in evidence,” clearly established the respondent’s inability to remain sober outside of a structured counseling setting.

Additionally, in support of its conclusion, the trial court cited an incident in which the respondent had been admitted to Griffin Hospital where it was determined that she had overdosed on cocaine and benzodiazepine. An examination of the record discloses that this incident occurred in November of 1996, which preceded the February 26, 1997 termination petitions. See In re Tabitha P., 39 Conn. App. 353, 367, 664 A.2d 1168 (1995) (in making adjudicatory determination, trial court limited to considering events preceding filing of termination petition or latest amendment).

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Cite This Page — Counsel Stack

Bluebook (online)
721 A.2d 1256, 51 Conn. App. 446, 1999 Conn. App. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kristina-d-connappct-1999.