In Re SD

972 A.2d 258, 115 Conn. App. 111, 2009 Conn. App. LEXIS 389
CourtConnecticut Appellate Court
DecidedJune 16, 2009
Docket29053
StatusPublished
Cited by11 cases

This text of 972 A.2d 258 (In Re SD) 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 SD, 972 A.2d 258, 115 Conn. App. 111, 2009 Conn. App. LEXIS 389 (Colo. Ct. App. 2009).

Opinion

972 A.2d 258 (2009)
115 Conn.App. 111

In re S.D.[*]

No. 29053.

Appellate Court of Connecticut.

Argued March 16, 2009.
Decided June 16, 2009.

*260 Gary J.C. Woodfield, New Britain, for the appellant (respondent father).

Susanne D. McNamara, New Britain, for the appellee (petitioner).

Traci J. Valery, for the minor child.

BISHOP, LAVINE and ROBINSON, Js.

LAVINE, J.

This appeal arises out of a termination of parental rights petition filed by the petitioner, the mother of the minor child, in the Court of Probate for the district of East Hartford pursuant to General Statutes § 45a-715.[1] Following the termination of his parental rights as to the child, the respondent, the child's father, appealed from that judgment to the trial court, which again terminated his parental rights. On appeal to this court, the respondent claims that the trial court improperly (1) failed to find that reasonable efforts were made to locate and to reunite him with the child, (2) found that he had abandoned the child and that there was no ongoing parent-child relationship and (3) found that it was in the best interest of the child to terminate his parental rights.[2] We affirm the judgment of the trial court.

The following procedural history is relevant to the respondent's appeal. On June 3, 2004, the petitioner filed an application to terminate the respondent's parental rights as to the parties' son in the Court of Probate for the district of East Hartford.[3] The petitioner alleged that the child had been abandoned by the respondent, that there was no ongoing parent-child relationship between the respondent and the child, and that to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interest of the child. Following a hearing, the Court of Probate, Hon. Allan T. Driscoll, found that "[n]o evidence was presented indicating that any services were offered to the respondent to facilitate the reunion of the child with the parent" and that "[u]nder the present circumstances, the absence of such services is irrelevant." The Court of Probate also found that the respondent had abandoned the child when he left Hartford for South Carolina in late 1999, putting his concerns for himself ahead of his responsibilities as a parent. The court found by clear and convincing evidence that because of the wilful conduct of the respondent, there was no ongoing parent-child relationship as defined by General Statutes § 45a-717(g)[4] and that to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interest of the child. Judge Driscoll approved the termination of *261 the respondent's parental rights on October 11, 2005. The respondent appealed to the trial court from the termination of his parental rights.[5]

The trial court commenced a trial de novo on May 11, 2007, and granted the petitioner's motion that it take judicial notice of the ruling of the Court of Probate. After determining that the respondent knowingly and voluntarily waived his right to counsel,[6] the court appointed attorney Michael Perez as standby counsel. The court heard testimony from the petitioner, the respondent, his paternal aunt and Maria W. Cruz, a social work supervisor from the department of children and families (department). The court also received in evidence a department social study regarding termination of parental rights dated January 10, 2004, and an addendum dated May 10, 2007.

The court made the following relevant findings of fact. The petitioner and the respondent were married to one another on February 14, 1998. The child was born on August 10, 1998. In July, 1999, the respondent went to the emergency room at Manchester Memorial Hospital for a psychotic episode and did so again one week later after having attempted to stab the petitioner with a screwdriver. The respondent was diagnosed with a mental disorder secondary to a traumatic brain injury. Shortly after being released from a psychiatric hospital in late 1999, the respondent left the marital home for parts unknown. The petitioner did not hear from the respondent until July, 2000, when he telephoned her from South Carolina, telling her that he had been arrested and that he needed bail money. The petitioner refused to give the respondent money. The petitioner learned later that the respondent was a convicted felon and that he was arrested for violation of parole and other charges. The respondent had concealed his criminal record from the petitioner. After the respondent was released from prison, he returned to Connecticut where he was arrested again and charged with sexual molestation of a minor. At the time of trial on the termination petition, the respondent was serving a sentence after being convicted of risk of injury to a child and sexual contact with a minor.

In April, 2000, the petitioner commenced an action to dissolve the parties' marriage. The respondent was defaulted for failure to appear after the court, Hon. Simon S. Cohen, judge trial referee, found that the respondent had been served properly, was not a member of the armed forces of the United States and was incarcerated. Judge Cohen rendered judgment of dissolution on July 24, 2000, ordering the respondent to pay, among other things, $1 per year for child support. The court granted the petitioner sole custody of the child and granted the respondent visitation rights.

The petitioner filed an application for the termination of the respondent's parental rights on June 3, 2004, on the grounds of abandonment and no ongoing parent-child relationship. The application noted that the respondent was incarcerated at Garner Correctional Institution in Newtown. Following the Court of Probate's termination of the respondent's parental rights, the court on December 12, 2006, granted the respondent's application *262 to appeal from the termination decree to the Superior Court.[7]

"The legal framework for deciding termination petitions is well established. [A] hearing on a petition to terminate parental rights consists of two phases: the adjudicatory phase and the dispositional phase. During the adjudicatory phase, the trial court must determine whether one or more of the ... grounds for termination of parental rights set forth in [General Statutes § 17a-112(j)(3)] exists by clear and convincing evidence.... If the trial court determines that a statutory ground for termination exists, then it proceeds to the dispositional phase. During the dispositional phase, the trial court must determine whether termination is in the best interests of the child.... The best interest determination also must be supported by clear and convincing evidence." (Citations omitted; internal quotation marks omitted.) In re Davonta V., 285 Conn. 483, 487-88, 940 A.2d 733 (2008).

"It is axiomatic that a trial court's factual findings are accorded great deference. Accordingly, an appellate tribunal will not disturb a trial court's finding that termination of parental rights is in a child's best interest unless that finding is clearly erroneous.... A finding is clearly erroneous when either there is no evidence in the record to support it, or the reviewing court is left with the definite and firm conviction that a mistake has been made....

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Cite This Page — Counsel Stack

Bluebook (online)
972 A.2d 258, 115 Conn. App. 111, 2009 Conn. App. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sd-connappct-2009.