In re Lillyanne D.

CourtConnecticut Appellate Court
DecidedSeptember 1, 2022
DocketAC45124, AC45156
StatusPublished

This text of In re Lillyanne D. (In re Lillyanne 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 Lillyanne D., (Colo. Ct. App. 2022).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** IN RE LILLYANNE D. ET AL.* (AC 45124) (AC 45156) Bright, C. J., and Alvord and Clark, Js.

Syllabus

The respondent parents filed separate appeals with this court from the judgment of the trial court terminating their parental rights with respect to their minor child, R, who had been in foster care since his discharge from a hospital after his birth. The Department of Children and Families became involved with the respondents when the respondent mother threatened to harm their daughter, L. The mother had a previous history with the department in connection with incidents involving her older children. After L had been adjudicated neglected and committed to the custody of the petitioner, the Commissioner of Children and Families, the respondents’ second child, R, was born, and the petitioner filed a motion for an order of temporary custody and a neglect petition on the basis of predictive neglect. That same day, the court granted the order of temporary custody and ordered specific steps with which the respon- dents were required to comply. R thereafter was adjudicated neglected and committed to the custody of the petitioner. The trial court found that the department had made reasonable efforts to reunify R with the respondents but that the respondents were unwilling or unable to benefit from the services the department offered. The court found that the mother had resisted the department’s efforts to address the key issues underlying her history of threats or acts of violence against R and her other children and that the father had demonstrated an inability to accurately evaluate the risk she posed to R. The court thus concluded, inter alia, that, pursuant to statute (§ 17a-112 (j) (3) (B) (i)), the respon- dents had failed to achieve such a degree of personal rehabilitation as would encourage the belief that, within a reasonable time, they could assume responsible positions in R’s life. Held: 1. The respondent mother could not prevail on her claim that the trial court committed harmful error when it admitted into evidence under the residual exception to the hearsay rule certain summary reports by a department service provider that it relied on to terminate her parental rights: this court, without deciding whether the summaries constituted inadmissible hearsay, concluded that the admission of the summaries was harmless, as the information in them was cumulative of that con- tained in the department’s social study and the report of a court- appointed psychologist, both of which had been admitted into evidence without objection; moreover, despite the mother’s claim that the court relied on the summaries to bolster and credit the conclusions in the psychologist’s report, the court was entitled to rely on the report to support its findings, as it was within the court’s sole province to assess the reliability and trustworthiness of the psychologist’s conclusions and the weight to accord to his report; furthermore, even if the court had sustained the mother’s objection to the summaries, she could not demon- strate that the outcome of the trial would have been different, as the record was replete with references to the challenged information, and she failed to articulate any manner in which the information in the summaries was materially different from that contained in the depart- ment’s social study and the psychologist’s report. 2. The respondent father could not prevail on his claims that the trial court made erroneous evidentiary findings in terminating his parental rights as to R: a. The trial court reasonably determined that the cumulative effect of the evidence was sufficient to justify its conclusion that the respondent father was unable or unwilling to benefit from the department’s efforts to reunify him with R: the court did not rely on outdated information in making its determination, as the father claimed, but limited its analysis to events that preceded the filing of the termination petition, as required by the applicable rule of practice (§ 35a-7 (a)); moreover, the record adequately supported the court’s conclusion that, in the event of reunifi- cation, the respondent mother would be R’s primary caregiver when the father was at work, as the respondents were unified in their intentions to parent R as a couple; furthermore, the record reflected that the father, who declined to pursue reunification on his own, was defensive about and overprotective of the mother and appeared to minimize the threat of harm she posed to R, as the mother resisted efforts to address the issues that led to R’s removal from her care, rebuffed recommendations for treatment to address her past trauma and refused to take accountabil- ity for the events at issue. b. The evidence was sufficient to support the trial court’s conclusion that the respondent father had failed to achieve the requisite degree of personal rehabilitation so as to encourage the belief that, within a reasonable time, he could assume a responsible position in R’s life: contrary to the father’s claim, the court’s consideration of evidence that predated the filing of the petition to terminate his parental rights was proper under § 35a-7 (a), the father failed to point to any specific postpeti- tion evidence the court declined to consider that was probative of his rehabilitation, and the postpetition evidence that the respondents did introduce did not offer any additional perspective that was determinative of the issue of the father’s rehabilitation; moreover, the father’s con- tention that, with proper support services in place, he could assume a responsible position in R’s life was unavailing, as there was no indication that he sought the department’s help in obtaining additional support services or that he intended to rely on support services if reunification were to be granted, even though he was apprised of the department’s concerns with respect to the respondents’ intention to have the respon- dent mother care for R when he was at work; furthermore, regardless of the father’s progress toward addressing the factors that led to R’s commitment, and given his failure to appreciate the risk that the mother posed to the children’s safety and his commitment to parent R with her, the court, in making its determination, was entitled to rely on his continued involvement with the mother, whom the court also determined had failed to achieve sufficient rehabilitation. c.

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In re Lillyanne D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lillyanne-d-connappct-2022.