In re Sarah Ann K.

749 A.2d 77, 57 Conn. App. 441, 2000 Conn. App. LEXIS 173
CourtConnecticut Appellate Court
DecidedApril 25, 2000
DocketAC 19371
StatusPublished
Cited by70 cases

This text of 749 A.2d 77 (In re Sarah Ann K.) 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 Sarah Ann K., 749 A.2d 77, 57 Conn. App. 441, 2000 Conn. App. LEXIS 173 (Colo. Ct. App. 2000).

Opinion

Opinion

STOUGHTON, J.

The respondent father appeals from the judgment of the trial court terminating his parental rights with respect to his minor daughter.1 On appeal, the respondent claims that the court improperly (1) interpreted and applied General Statutes § 17a-112 (c) (3) (B), (2) found that he had failed to achieve sufficient personal rehabilitation within the meaning of § 17a-112 (c) (3) (B) and (3) found that there was sufficient evidence to find that he had abandoned his minor child.2 We affirm the judgment of the trial court.

The following facts and procedural history are relevant to our disposition of this appeal. On November 6, 1994, the child was bom. Soon thereafter, the unmarried mother, after being interviewed by a department of children and families (department) caseworker, agreed with the caseworker that she was unable to care for the child and placed her in foster care. At that time, the respondent was incarcerated.

As a result of a petition brought by the commissioner of children and families (commissioner) on September [443]*44321, 1995, the child was adjudicated neglected and uncared for, and committed to the custody of the commissioner. On February 13,1996, the commissioner filed a petition to terminate both parents’ parental rights. After a trial, the court on January 28, 1997, found that there was clear and convincing evidence to terminate the parental rights of the mother on the ground that she had failed to achieve sufficient personal rehabilitation, but made no determination as to the respondent. The court entered an adjudication but reserved disposition of the mother’s case. The court also declined to terminate the respondent’s parental rights because the department had not made reasonable efforts to help reunify him with his child. It then dismissed, without prejudice, the petition as to the respondent and continued the dispositional issues as to the mother. As preliminary expectations, the court ordered the respondent to pay $45 per week as nominal child support toward foster care maintenance payments and to maintain medical insurance for the child if it was available through his employment. Furthermore, the court directed the parties to establish specific expectations for the respondent within thirty days of the decision.

On June 26, 1998, the commissioner filed a second termination petition as to both parents, alleging abandonment and failure to achieve rehabilitation. On January 28, 1999, the court found by clear and convincing evidence that the child had previously been adjudicated neglected and uncared for and, citing General Statutes (Rev. to 1997) § 17a-112 (c) (3) (B), that the parents had failed to achieve such a degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, the parents could assume responsible positions in the life of the child.3 The court determined that terminating [444]*444the parental rights of both the mother and the respondent was in the best interest of the child. Subsequently, the respondent filed this appeal. Additional facts will be discussed where relevant to the issues in this case.

I

The respondent claims that the court interpreted and applied § 17a-112 (c) (3) (B), as amended by § 8 of Public Acts 1998, No. 98-241 (P.A. 98-241). Specifically, he claims that the court improperly terminated his parental rights because the evidence did not show that he had actually been provided with specific steps to take to facilitate the return of the child.4 We disagree.

In 1998, the legislature amended § 17a-112 (c) (3) (B) in P.A. 98-241, § 8.5 6The amendment became effective on July 1, 1998. P.A. 98-241, § 18. The record in this case reveals that the commissioner filed the termination petition on June 26, 1998, before the amendment went into effect. Although the trial in this case was conducted on July 8, 1998, after the effective date of the amendment, the operative date for determining which statutory revision governs this case is June 26,1998, the date the petition was filed. See In re Migdalia M., 6 Conn. [445]*445App. 194, 200, 504 A.2d 533, cert. denied, 199 Conn. 809, 508 A.2d 770 (1986); see also In re Eden F., 250 Conn. 674, 687 n.6, 741 A.2d 873 (1999). Therefore, at the time the petition was filed, the statute in effect was General Statutes (Rev. to 1997) § 17a-112 (c) (3) (B).

General Statutes (Rev. to 1997) § 17a-112 (c) provides in relevant part: “The Superior Court . . . may grant a [termination] petition filed pursuant to this section if it finds by clear and convincing evidence ... (3) that over an extended period of time, which . . . shall not he less than one year . . . [inter alia] (B) the parent of a child who has been found by the Superior Court to have been neglected or uncared for in a prior proceeding has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child . . . .”6 (Emphasis added.) Specific steps the parent may take to facilitate the return of the child were required to have been provided to the respondent in the prior neglect proceeding pursuant to General Statutes (Rev. to 1997) § 46b-129 (b). See In re Shyliesh H., 56 Conn. App. 167, 179, 743 A.2d 165 (1999). That statute, however, does not require that the parent again be provided specific steps to take to facilitate the return of the child before a termination petition may be granted.

On appeal, the respondent claims that he was not actually provided with the expectations that the court required the department to set within thirty days of the first termination proceeding. We disagree.

“Our analysis begins with the appropriate standard of review. We have long held that a finding of fact is [446]*446reversed only when it is clearly erroneous. ... A factual finding is clearly erroneous when it is not supported by any evidence in the record or when there is evidence to support it, but the reviewing court is left with the definite and firm conviction that a mistake has been made. . . . Simply put, we give great deference to the findings of the trial court because of its function to weigh and interpret the evidence before it and to pass upon the credibility of witnesses.” (Citations omitted; internal quotation marks omitted.) Hartford Electric Supply Co. v. Allen-Bradley Co., 250 Conn. 334, 345-46, 736 A.2d 824 (1999).

On September 21, 1995, the court adjudicated the child neglected and uncared for. Thereafter, in the first termination proceeding, in January, 1997, the court determined that the respondent’s parental rights should not be terminated because the department had not made reasonable efforts to reunify him with his child. To remedy the situation, the court set forth preliminary orders7 and then directed the parties to establish specific expectations for the respondent within thirty days.

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Bluebook (online)
749 A.2d 77, 57 Conn. App. 441, 2000 Conn. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sarah-ann-k-connappct-2000.