In re Olivia W.

CourtConnecticut Appellate Court
DecidedJanuary 4, 2024
DocketAC46196
StatusPublished

This text of In re Olivia W. (In re Olivia W.) 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 Olivia W., (Colo. Ct. App. 2024).

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 OLIVIA W.* (AC 46196) Bright, C. J., and Moll and Clark, Js.

Syllabus

The respondent parents appealed to this court from the judgment of the trial court adjudicating their minor child, O, to be neglected and commit- ting her to the custody of the petitioner, the Commissioner of Children and Families. The Department of Children and Families received a report alleging emotional abuse and maltreatment of O by the respondent father, which was submitted after O’s school had discovered an elec- tronic document written by O indicating that the father had abused her. Approximately two weeks later, in November, 2021, while the first report was being investigated by the department, the department received a second report alleging abuse of O by the father, which indicated that the father had dropped O off at the emergency department of a local children’s hospital for concerns of her mental health and behavior. The report further indicated that O had told hospital staff that the physical injuries that she had sustained, from her head down to her left shin, had been inflicted by the father and that there had been physical altercations going on for a while between herself and the father. O was initially released from the children’s hospital into the respondent mother’s care, but the following day, after a safety assessment, the department deter- mined that O’s situation was unsafe and invoked a ninety-six hour hold on O. The petitioner subsequently applied for an ex parte order of temporary custody, which was granted by the court and sustained by the agreement of the parties. The petitioner filed a neglect petition on the grounds that O was being denied proper care and attention, physically, educationally, emotionally, or morally, or permitted to live under condi- tions, circumstances, or associations injurious to her well-being. In May, 2022, O was admitted to the adolescent unit of another hospital, and she remained in that hospital’s care for the duration of the trial on the neglect petition, which spanned from May, 2022, through the middle of December, 2022. Each parent was represented at trial by an attorney until the end of November, 2022, when, on the fourteenth day of trial and during their case-in-chief, the parents filed appearances in lieu of their respective attorneys and proceeded to represent themselves for the remainder of the trial. Several days later, while the neglect trial was ongoing, the petitioner filed an emergency motion for an evidentiary hearing and an order authorizing the department to make medical, psy- chological, and educational decisions on behalf of O, which the court granted after conducting an evidentiary hearing and hearing argument from the parties. On the parents’ appeal to this court, held: 1. The respondent parents could not prevail on their claim that there was insufficient evidence to support the trial court’s determination that O was neglected: after a careful review of the record, this court concluded that the trial court’s factual findings with regard to its neglect determina- tion were supported by sufficient evidence in the record, including, but not limited to, medical records, the testimony of the investigative social worker and his investigation protocol, and the photographs depicting O’s injuries; moreover, this court further concluded, as a matter of law, that the facts properly found by the trial court, which demonstrated that the respondent father had physical altercations with O and verbally demeaned her prior to November, 2021, that, in November, 2021, after, in his own words, having ‘‘lost his shit,’’ the father inflicted excessive physical injuries on O, and that the respondent mother did not intervene to protect O, were sufficient to support the court’s neglect determination. 2. The trial court did not abuse its discretion in determining that it was in O’s best interest to be committed to the custody of the petitioner: in support of its determination, the court found that O suffered from severe mental health and behavioral problems that required long-term intensive care and therapy, the respondent parents engaged in conduct that was detrimental to O’s well-being following her May, 2022 hospitalization, particularly by rescinding medical releases, which prevented the depart- ment from communicating with O’s treatment providers and extended O’s hospitalization when other treatment was more appropriate, and, notwithstanding the respondent father’s completion of parenting classes and his participation in therapy, the parents’ relationship with O was fractured, as evidenced by the father’s physical actions toward O com- mitted with the respondent mother’s approval, the father’s decision to leave O alone at the children’s hospital in November, 2021, and the father demeaning O verbally during her later hospitalization; moreover, the court also expressed concern that, with the mother’s acquiescence, the father again would react in a physical manner toward O if a situation similar to the incident in November, 2021, occurred in the future; further- more, the court’s findings were supported by sufficient evidence in the record, including, but not limited to, the testimony of medical personnel, department personnel, and the guardian ad litem. 3. The respondent parents could not prevail on their claim that they were denied equitable treatment stemming from numerous procedural or evi- dentiary errors that purportedly occurred during the neglect proceed- ings: a. The parents failed to adequately brief their claims that the trial court improperly precluded them from submitting certain evidence into the record, that the court impermissibly curtailed their right to recall wit- nesses during their case-in-chief, that the court improperly failed to invalidate a hospital record admitted into evidence that the petitioner had allegedly inappropriately obtained, and that the court impermissibly declined an oral request by the respondent father to permit his former attorney to remain available to him as advisory counsel, and, therefore, this court considered those claims to be abandoned. b. The parents’ claim that the court improperly made comments that prompted the petitioner to file the emergency motion was not supported by the record. c.

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Bluebook (online)
In re Olivia W., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-olivia-w-connappct-2024.