In re Shawn S.

784 A.2d 405, 66 Conn. App. 305, 2001 Conn. App. LEXIS 501
CourtConnecticut Appellate Court
DecidedOctober 16, 2001
DocketAC 21192; AC 21193
StatusPublished
Cited by6 cases

This text of 784 A.2d 405 (In re Shawn S.) 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 Shawn S., 784 A.2d 405, 66 Conn. App. 305, 2001 Conn. App. LEXIS 501 (Colo. Ct. App. 2001).

Opinion

Opinion

LANDAU, J.

The respondent parents appeal from the judgment of the trial court committing their minor children, S and D, to the custody of the commissioner of children and families (commissioner). On appeal, the respondents claim that the commitments violate the prohibitions against (1) conditioning the provision of services on commitment as set forth in General Statutes § 17U-129,1 (2) unwarranted state interference in family relationships as embodied in article first, §§ 1 and 10, and § 20, as amended by articles five and twenty-one of the amendments to the constitution of Connecticut, and (3) unwarranted state interference in family relationships as embodied in the ninth and fourteenth amendments to the United States constitution. The [307]*307commissioner challenges this court’s subject matter jurisdiction, claiming that the respondents (1) have failed to exhaust their administrative remedies and (2) are not aggrieved by the order of commitment. In response, the respondents assert that resort to administrative remedies would be futile because the department of children and families (department) (1) lacks authority to revoke the commitment, (2) has failed to promulgate the necessary regulations to facilitate the voluntary services program, and (3) cannot resolve the statutory and constitutional claims raised on appeal. We dismiss the appeals because the respondents have failed to exhaust their administrative and statutory remedies.

The following facts and procedural history are relevant to the respondents’ appeals. S, bom in 1991, and D, born in 1987, are nonverbal, autistic brothers with developmental delays. On February 17, 1999, the commissioner filed separate petitions, pursuant to General Statutes § 46b-129, alleging that the children were neglected and uncared for because the respondents could not provide the specialized care that the children’s physical, emotional or mental conditions required.2 The respondents filed a motion for injunctive relief on July 28, 1999, requesting the court (1) to order the commissioner to provide appropriate residential placements for S and D, and (2) to enjoin the commissioner from pursuing commitment of the children.

The court heard testimony over three days, and on August 2, 1999, the respondent mother entered an unconditional plea of nolo contendere that S and D were uncared for because of their special needs.3 The court canvassed the respondent mother to confirm that [308]*308she understood that the plea would operate as a waiver of her right to challenge the allegations that the children were uncared for as defined by statute. The court found that the plea was voluntarily, knowingly and intelligently made with the assistance of counsel. Although the respondent father was not present,4 5counsel indicated that he agreed with the adjudication. Accordingly, the court found that both D and S had special needs, that they were being denied the proper care and attention that they required, and that they were being permitted to live under conditions or circumstances that were injurious to their well-being.

During the period that hearings were being conducted, the department and the respondents investigated and pursued placement for S and D. At some time prior to the March 7, 2000 hearing, a placement was found at a residential facility in Pennsylvania. At the start of the March 7, 2000 hearing, the respondents marked off their motion for injunctive relief, allowing an order of commitment to be entered essentially unchallenged and allowing the children to be placed at the facility the next day. In entering the order of commitment, the court found that the department had made reasonable efforts to prevent the removal of the children. Although the respondents withdrew their motion to enjoin the commitment, their counsel made a brief statement on the record expressing his clients’ unhappiness with the commitment.

The original commitment was for a period not to exceed twelve months, effective March 8,2000.5 On that day, the commissioner placed the children at Devereaux, a residential facility in Pennsylvania that special[309]*309izes in the treatment of autistic children. These appeals followed.

Before we can consider the respondents’ claims, we must address the commissioner’s challenge to our jurisdiction. “[B]ecause the exhaustion doctrine implicates subject matter jurisdiction, we must decide as a threshold matter whether that doctrine requires dismissal of the [respondents’] claim.” (Internal quotation marks omitted.) Fish Unlimited v. Northeast Utilities Service Co., 254 Conn. 1, 12, 756 A.2d 262 (2000). Questions of subject matter jurisdiction may be raised at any time in the proceedings, either by a party or sua sponte by the court. Daley v. Hartford, 215 Conn. 14, 27-28, 574 A.2d 194, cert. denied, 498 U.S. 982, 111 S. Ct. 513, 112 L. Ed. 2d 525 (1990). “[Wjhenever a court discovers that it has no jurisdiction, it is bound to dismiss the case, without regard to [its] previous rulings.” (Internal quotation marks omitted.) Concerned Citizens of Sterling v. Sterling, 204 Conn. 551, 557, 529 A.2d 666 (1987).

“It is a settled principle of administrative law that if an adequate administrative remedy exists, it must be exhausted before [a court will] obtain jurisdiction to act in the matter. . . . [W]here a statute has established a procedure to redress a particular wrong a person must follow the specified remedy and may not institute a proceeding that might have been permissible in the absence of such a statutory procedure. ” (Citations omitted; internal quotation marks omitted.) Fish Unlimited v. Northeast Utilities Service Co., supra, 254 Conn. 11-12. Moreover, “[s]imply bringing a constitutional challenge to an agency’s actions will not necessarily excuse a failure to follow an available statutory appeal process. . . . [D]irect adjudication even of constitutional claims is not warranted when the relief sought by a litigant might conceivably have been obtained through an alternative [statutory] procedure . . . which [the litigant] has chosen to ignore.” (Citation [310]*310omitted; internal quotation marks omitted.) Polymer Resources, Ltd. v. Keeney, 227 Conn. 545, 563, 630 A.2d 1304 (1993).

“The doctrine of exhaustion is grounded in a policy of fostering an orderly process of administrative adjudication and judicial review in which a reviewing court will have the benefit of the agency’s findings and conclusions. . . . The doctrine of exhaustion furthers the salutary goals of relieving the courts of the burden of deciding questions entrusted to an agency ... in advance of possible judicial review. . . .

“In addition, the administrative agency may be able to resolve the issues, making judicial review unnecessary. ... [A] complaining party may be successful in vindicating his rights in the administrative process.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Orr
Connecticut Appellate Court, 2020
State v. Taylor
882 A.2d 682 (Connecticut Appellate Court, 2005)
Chief of Police v. Freedom of Information Commission
792 A.2d 141 (Connecticut Appellate Court, 2002)
Thomasson v. Olszewski, No. Cv-01-0095876 (Jan. 31, 2002)
2002 Conn. Super. Ct. 1249 (Connecticut Superior Court, 2002)
In re Shawn S.
788 A.2d 97 (Supreme Court of Connecticut, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
784 A.2d 405, 66 Conn. App. 305, 2001 Conn. App. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shawn-s-connappct-2001.