In re Omar I.

CourtConnecticut Appellate Court
DecidedMay 27, 2020
DocketAC43251
StatusPublished

This text of In re Omar I. (In re Omar I.) 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 Omar I., (Colo. Ct. App. 2020).

Opinion

**************************************************************** The ‘‘officially released’’ date that appears near the beginning of this opinion is the date the opinion was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. This opinion is subject to revisions and editorial changes, not of a substantive nature, and corrections of a technical nature prior to publication in the Connecticut Law Journal. **************************************************************** IN RE OMAR I. ET AL.* (AC 43251) Lavine, Keller and Bishop, Js.

Syllabus

The respondent father appealed to this court from the judgments of the trial court terminating his parental rights as to the petitioners, his three minor biological children, and denying his motion to revoke their com- mitment to the custody and care of the Commissioner of Children and Families. The father claimed, inter alia, that the trial court erred in concluding that the children had proved, by clear and convincing evi- dence, that he failed to achieve a sufficient degree of personal rehabilita- tion, as required by statute (§ 17a-112 (j) (3) (B) (i)), that would encour- age the belief that, within a reasonable time, he could assume a responsible position in their lives. Court-appointed attorneys for the children had filed petitions to terminate the parental rights of the father and the children’s biological mother after the children had been adjudi- cated neglected in a prior proceeding and committed to the custody of the commissioner. The trial court, which also terminated the mother’s parental rights, found that the children had proved, by clear and convinc- ing evidence, that the Department of Children and Families had made reasonable efforts to reunify them with the father but that he had attempted to manipulate and control some of the service providers offered to him by the department, and engaged in coercive and control- ling behavior that led to the failure of the parenting services that had been provided to the parents. The court also found that the parents could not adequately meet the children’s developmental, emotional and medical needs, that the parents had not acquired the ability to care for the children, had failed to meet some of their basic needs and failed to ensure their school attendance. The court further found that there was a pattern of intimate personal violence between the parents in the pres- ence of the children and that, in the four years since the children had been removed from the family home and later placed in foster care, the father consistently maintained that he had done nothing wrong and failed to gain insight into his controlling behavior and how it impacted the children. Held: 1. The respondent father could not prevail on his unpreserved claim that judicial bias deprived him of a fair trial, as he failed to demonstrate the existence of plain error: the father’s disagreements as to several of the court’s adverse rulings and factual findings were not a proper basis for a claim of judicial bias and did not constitute evidence of judicial bias, as those rulings and findings were plainly based on facts in evidence and were relevant to the issues before the court, the father’s complaint that the court relitigated the prior finding of neglect erroneously con- flated that finding with the court’s assessment of evidence in the neglect proceeding, the court having been unable to relitigate the finding of neglect, and the father did not cite any authority that supported his belief that the court in a subsequent termination of parental rights trial may not independently assess evidence from the prior neglect proceeding in evaluating whether rehabilitation, which is factually and legally distinct from neglect, had occurred, and, even if the court had confined its analysis to his conduct beginning at the time of the children’s commitment to the commissioner, the father could not demonstrate that there would have been a different outcome in the termination of parental rights proceeding; moreover, there was no basis in the record to support the father’s argument that the court precluded him from calling several witnesses to testify, as he did not cite to any instance in which the persons he identified in his brief were precluded from testifying, those persons either testified or their opinion was before the court, which considered their testimony in its evaluation of the evidence, and the father failed to show that the court’s weighing of the evidence in the manner that it did reflected judicial bias, as the court’s written decision explained its factual findings and why it discounted the weight of certain evidence and afforded greater weight to other testimony and evidence. 2. The respondent father could not prevail on his claim that the trial court improperly found that there was clear and convincing evidence that he failed to rehabilitate himself, which was based on his assertion that the court misconstrued the proper legal standard and the principle of ‘‘coercive control’’: the court’s finding that he failed to achieve sufficient rehabilitation was supported by the evidence and the reasonable infer- ences that could be drawn therefrom, which included the court’s obser- vation that he had not recognized his role in the children’s removal from the home, he continued his pattern of exerting control concerning the mother and undermining efforts to reunify her and the children while failing to recognize how those failures impacted the children, and he had not gained the ability to set aside his personal interests and demon- strate an ability to provide a safe, nurturing and stable home environment for the children; moreover, contrary to the father’s assertion that the court failed to limit its inquiry to whether he satisfied the specific steps that he was issued, pursuant to § 17a-112 (j) (3) (B), to facilitate his reunification with the children, a determination with respect to rehabili- tation is not solely dependent on compliance with the specific steps but with whether the facts that led to the initial commitment of the children to the commissioner have been corrected, his claim that the court improperly considered his conduct from the time the children were removed from the family home instead of from the time they were committed to the commissioner’s custody two years later was not logically sound and lacked legal support, as he was on notice of the issues that led to the children’s removal and could have taken steps to address the issues, and he could not demonstrate that the court misconstrued the meaning of coercive control, which he based on his claim that, after he was issued the specific steps, there was no evidence that he intimidated, threatened or induced fear in the mother, as coercive control is a factual description of conduct and not a term of art for which a legal definition exists. 3.

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Bluebook (online)
In re Omar I., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-omar-i-connappct-2020.