In re Savanna M.

740 A.2d 484, 55 Conn. App. 807, 1999 Conn. App. LEXIS 452
CourtConnecticut Appellate Court
DecidedNovember 23, 1999
DocketAC 18571
StatusPublished
Cited by90 cases

This text of 740 A.2d 484 (In re Savanna 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 Savanna M., 740 A.2d 484, 55 Conn. App. 807, 1999 Conn. App. LEXIS 452 (Colo. Ct. App. 1999).

Opinion

Opinion

DALY, J.

This is an appeal by the respondent father1 from the judgment of the trial court terminating his parental rights with respect to his minor daughter, Savanna, pursuant to General Statutes (Rev. to 1997) § 17a-112 (c) (3) (B) and (D).2 The respondent claims [809]*809that the trial court improperly (1) denied his motion to dismiss the petition to terminate his parental rights because the petition failed to plead sufficiently that reasonable efforts were made to reunify him with the child, (2) concluded that the department of children and families (department) had made reasonable efforts to reunify him with the child as required by § 17a-112 (c) (1), (3) found that he had failed to achieve sufficient rehabilitation as would encourage the belief that within a reasonable time he could assume a responsible role in the life of Savanna and (4) concluded that there was no ongoing parent-child relationship, and that to allow more time for establishment of such a relationship would be detrimental to the best interest of the child. We affirm the judgment of the trial court.

The following facts are pertinent to the resolution of this appeal. Savanna was born in April, 1991. The respondent father was arrested the following month and was admittedly not able to parent the child from 1991 to 1994, having been arrested and incarcerated many times due to a drug problem as well as psychiatric impairment. While out of jail from February to December, 1994, he refused to take a blood test to determine the paternity of the child and declined to participate in a psychological evaluation or in anger management [810]*810classes. The respondent was then incarcerated from December, 1994, until June, 1996.3

On July 31,1995, Savanna was adjudicated neglected and committed to the custody of the commissioner of children and families (commissioner).4 Her commitment was extended until November 1,1998. On January 17, 1997, the petition for termination was filed against both the mother and the respondent and was granted on May 15, 1998.

I

The respondent’s first claim is that the trial court improperly denied his motion to dismiss for lack of subject matter jurisdiction because the commissioner failed to check the box on the preprinted termination of parental rights form that designates whether the department made reasonable efforts to reunify the child with the parent.

Before addressing this claim, we note that subject matter jurisdiction is the power of the court to hear and determine cases of the general class to which the proceedings in question belong. In re Felicia D., 35 Conn. App. 490, 495, 646 A.2d 862, cert. denied, 231 Conn. 931, 649 A.2d 253 (1994). General Statutes (Rev. to 1997) § 17a-112 (c) provides in relevant part: “The Superior Court. . . may grant a petition filed pursuant to this section if it finds by clear and convincing evidence (1) that the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts provided [811]*811such finding is not required if the court has determined at a hearing pursuant to subsection (b) of section 17a-110 that such efforts are not appropriate . . . .”

It is axiomatic that in seeking to terminate parental rights, the commissioner must prove by clear and convincing evidence that the department made reasonable efforts to reunify the parent and child as required by § 17a-112 (c) (1). See In re Eden F., 250 Conn. 674, 695 n.23, 741 A.2d 873 (1999). We also note that “[t]he statutory criteria must be strictly complied with before termination can be accomplished. In re Juvenile Appeal (Docket No. 9489), 183 Conn. 11, 13, 438 A.2d 801 (1981); In re Juvenile Appeal (Anonymous), [177 Conn. 648, 672, 420 A.2d 875 (1979)].” In re Michael M., 29 Conn. App. 112, 119, 614 A.2d 832 (1992).

“We are also cognizant, however, of the presumption in favor of upholding a trial court’s ruling . . . and the nonbinding effect of clerical defects where notice has otherwise been effectively given.” (Citation omitted.) Id., 119-20. Although the commissioner did fail to check the box on the termination petition representing that the department made reasonable efforts toward reunification, the succeeding paragraphs of the petition alleging abandonment; lack of personal rehabilitation; denial of care, guidance and control by acts of omission or commission; and no ongoing parent-child relationship provided the respondent adequate notice of the proceedings against him. Moreover, the court entered an order on October 17,1997, extending Savanna’s commitment to April 1, 1998, and stated: “Said child . . . having been committed, it is the best interest of said child ... to extend the commitment, and the court further finds that continuing efforts to reunify the child . . . with the family are not appropriate.” On the basis of the foregoing, we conclude that the respondent had adequate notice of the grounds on which the commis[812]*812sioner was proceeding and, therefore, the court properly denied the motion to dismiss.

II

The respondent next claims that the trial court improperly concluded that the department had made reasonable efforts to reunify Savanna with him. We disagree.

“On appeal, our function is to determine whether the trial court’s conclusion was legally correct and factually supported. We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached . . . nor do we retry the case or pass upon the credibility of the witnesses. . . . Rather, on review by this court every reasonable presumption is made in favor of the trial court’s ruling. . . . [W]e will disturb the findings of the trial court in both the adjudication and disposition phases only if they are clearly erroneous.” (Internal quotation marks omitted.) In re Tabitha T., 51 Conn. App. 595, 599, 722 A.2d 1232 (1999).

“ ‘Before a termination of parental rights can be granted, the trial court must be convinced that the department has made reasonable efforts to reunite the [child with the] family. The term reasonable efforts was recently addressed by this court: Turning to the statutory scheme encompassing the termination of the parental rights of a child committed to the department, the statute imposes on the department the duty, inter alia, to make reasonable efforts to reunite the child or children with the parents. The word reasonable is the linchpin on which the department’s efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof. Neither the word reasonable nor the word efforts is, however, defined by our legislature or by the federal act from which the requirement was drawn. . . . [Reasonable [813]

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Bluebook (online)
740 A.2d 484, 55 Conn. App. 807, 1999 Conn. App. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-savanna-m-connappct-1999.