In re Ryder M

CourtConnecticut Appellate Court
DecidedApril 20, 2022
DocketAC44831
StatusPublished

This text of In re Ryder M (In re Ryder M) 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 Ryder M, (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 RYDER M.* (AC 44831) Moll, Clark and Sheldon, Js.

Syllabus

The respondent father appealed to this court from the judgment of the trial court terminating his parental rights with respect to his minor child, R, who previously had been adjudicated neglected and had been in a foster home since infancy. The father claimed, inter alia, that the trial court improperly determined that the Department of Children and Families, as required by statute (§ 17a-112 (j)), had made reasonable efforts to reunify him with R and that he had failed to achieve a sufficient degree of personal rehabilitation so as to adequately demonstrate reasonable parenting ability. Held: 1. The trial court properly determined from clear and convincing evidence that the department made reasonable efforts to reunite the respondent father with R: the court’s uncontested findings established that the department referred him to two different service providers for mental health and substance abuse issues but that both discharged him as a result of his noncompliance with their requirements, and that he elected to cease his individual counseling with another service provider, tested positive several times for marijuana use and had been arrested on drug charges; moreover, the department provided the father an opportunity to attend a fatherhood program and to visit with R, but he missed scheduled visits, struggled to engage with R and had his visitation sus- pended temporarily after he was observed to be under the influence of a substance during a supervised visit; furthermore, despite the father’s assertion that the department did not do everything reasonable that could have been done for him, even if he would have benefited from the additional actions he suggested to facilitate reunification with R, the department’s failure to do so would not defeat the court’s reasonable efforts determination. 2. The respondent father could not prevail on his claim that the trial court improperly determined that he failed to rehabilitate sufficiently: clear and convincing evidence in the record supported the trial court’s finding that the father failed to achieve a sufficient degree of personal rehabilita- tion as would encourage the belief that within a reasonable time, consid- ering R’s age and needs, he could assume a responsible position in R’s life, as there was evidence of the father’s resistance to following the guidelines for services that were set for him, he was never fully able to comply with the court-ordered specific steps he had been given to facilitate reunification with R, and he did not make sufficient progress for a long enough period of time to assume that he had adequately treated his mental health difficulties, was free of illegal drugs and able to address his past trauma; moreover, despite the father’s assertion that there was insufficient evidence to support the court’s determination that he failed to rehabilitate sufficiently, the court made clear that it recognized he had made progress toward rehabilitation but that his efforts were too little and too late, as he was twice observed to be under the influence of a substance during visits with R, his positive tests for marijuana use reflected that he had not maintained sobriety or learned strategies to manage his life, he continued to struggle with behavioral issues, and the apartment lease he secured after having been itinerant throughout most of the underlying proceedings had been executed only six weeks before trial. 3. The trial court’s determination that termination of the respondent father’s parental rights was in R’s best interest was legally sound and factually supported by the court’s findings and conclusions with respect to the factors prescribed in § 17a-112 (k), as well as the court’s conclusion regarding R’s need for permanency and stability: the department made reasonable efforts to provide timely services to the father and to reunite him with R, but he was not in a position to safely care for R within a reasonable time, R, who was more than three years old at the time of trial, had developed significant emotional ties to his foster family, and the father’s lack of progress toward mastering the essential requirements of parenthood and his own emotional stability left him unable to adjust his circumstances sufficiently to have R returned to him in the foresee- able future; moreover, notwithstanding the father’s assertion that termi- nation of his parental rights was not in R’s best interest, the court found that, although a bond may exist between the father and R, it did not undercut the court’s best interest determination in light of the myriad of other considerations the court took into account; furthermore, any continuing efforts the father made to advance his rehabilitation did not outweigh the other factors the court considered. Argued January 18—officially released April 20, 2022**

Procedural History

Petition by the Commissioner of Children and Fami- lies to terminate the respondents’ parental rights as to their minor child, brought to the Superior Court in the judicial district of Middlesex, Child Protection Session at Middletown, and tried to the court, Hon. Barbara M. Quinn, judge trial referee; judgment terminating the respondents parental rights, from which the respondent father appealed to this court. Affirmed. David B. Rozwaski, assigned counsel, for the appel- lant (respondent father). Jennifer C. Leavitt, assistant attorney general, with whom, on the brief, were William Tong, attorney gen- eral, and Evan M. O’Roark, assistant attorney general, for the appellee (petitioner). Opinion

MOLL, J. The respondent father, Phillip M., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights as to his minor son, Ryder M., on the ground that he failed to achieve a sufficient degree of personal rehabilitation pursuant to General Statutes § 17a-112 (j) (3) (B) (i).1 On appeal, the respondent claims that the court improperly deter- mined that (1) the Department of Children and Families (department) made reasonable efforts to reunify him with Ryder, (2) he failed to rehabilitate sufficiently, and (3) termination of his parental rights was in Ryder’s best interest. We affirm the judgment of the trial court. The following facts, as found by the trial court, and procedural history are relevant to our resolution of this appeal. The respondent and Caroline E. began a relationship in early 2017. Ryder was born in early 2018.

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Bluebook (online)
In re Ryder M, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ryder-m-connappct-2022.