In re Stanley D.

763 A.2d 83, 61 Conn. App. 224, 2000 Conn. App. LEXIS 610
CourtConnecticut Appellate Court
DecidedDecember 26, 2000
DocketAC 20366
StatusPublished
Cited by46 cases

This text of 763 A.2d 83 (In re Stanley D.) 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 Stanley D., 763 A.2d 83, 61 Conn. App. 224, 2000 Conn. App. LEXIS 610 (Colo. Ct. App. 2000).

Opinion

Opinion

SPEAR, J.

The respondent father appeals from the judgment of the trial court terminating his parental rights1 with respect to his minor child, S, pursuant to General Statutes § 17a-112. The respondent’s sole claim is that the court improperly found that he had failed to achieve sufficient personal rehabilitation within the meaning of § 17a-112 (c) (3) (B).2 We affirm the judgment of the trial court.

[226]*226The following facts and procedural history are relevant to this appeal. After S’s birth, on November 17, 1994, his pediatrician immediately contacted the department of children and families (department), which then obtained an order of temporary custody. On June 14, 1995, the court adjudicated S as neglected and temporarily returned him to the care of his parents under an order of protective supervision. Soon thereafter, the mother left the respondent because he had abused her physically.3 On April 18, 1996, the court committed S to the care of the commissioner of children and families (commissioner) for a one year period, which was renewed each year until the adjudication and disposition hearing at issue.

Prior to the hearing, the respondent had a history of unlawful and irresponsible behavior interspersed with attempts at rehabilitation. Several years prior to S’s birth, the respondent, then sixteen years old, was convicted of sexual assault in the second degree for having sexual intercourse with a younger teenager. He received a five year prison sentence, suspended after two years, and three years of probation. Between 1994 and 1998, the respondent violated his probation three times. The violations included unsupervised contact with minors, breach of the peace for threatening to kill a department worker and carrying a dangerous weapon. After the third violation, he was placed on probation for an additional two years. At the time of the termination hearing, the respondent was on probation for the weapons charge. The terms of his probation required him to submit to sexual offender evaluation and prohibited him from residing with anyone under the age of sixteen.

In 1997, the respondent engaged in other irresponsible behavior. He refused to allow a parent aide to enter [227]*227his home and, on several occasions, denied access to department workers. In one instance, the refusal to admit department workers directly violated a court order to permit their access. Thereafter, the department suspended all unsupervised visits with S at the respondent’s home. Eventually, a department worker was allowed into the home, and observed in the attic and basement a number of dogs, including pit bulls, that were covered with feces. Also during 1997, the respondent was discharged from the Catholic Charities therapy program because of poor attendance. In 1998, the respondent completed a parenting and visitation program, but directed several angry outbursts at caseworkers who gave him mixed reviews regarding his parenting abilities. Moreover, the respondent failed to acknowledge S’s fourth birthday and never inquired about S’s progress in the preschool programs that he attended.

At the time of the termination hearing, the respondent was living in a clean, safe home with his girlfriend and her four children. In addition, the court found that for three years prior to the hearing, the respondent was a reliable, hard-working employee of a small business. The respondent also made great efforts to obtain and attend4 individual therapy sessions with a licensed social worker concerning his anxiety and lack of parenting skills. At the hearing, his individual therapist testified that she was impressed by his progress during his year of therapy with her.

The respondent failed, however, to keep several scheduled appointments and an open-ended appointment with Robert D. Meier, a court-appointed psychologist. When Meier finally evaluated the respondent, he concluded that the respondent had a problem with anger, not limited to his conflicts with the department, [228]*228and that he lacked insight about the impact of his anger on others, including S. Meier recommended that the respondent obtain anger management therapy with a psychologist or psychiatrist who would treat a hostile patient. Meier further recommended against granting joint custody of S to the respondent and S’s mother. The respondent visited S regularly at the department’s offices and showed affection for him. During some visits, S was excited to see the respondent; however, during others, S acted out in a physically aggressive manner, and was sometimes oppositional and defiant afterward.

From the beginning of 1997 until the time of the termination hearing, S lived in his current foster home and was very comfortable there. He associated well with the other children in the foster home. He referred to his foster parents, who wanted to adopt him, as “mommy” and “daddy.” S did not talk to the department worker about his biological parents.

On October 14, 1998, the commissioner filed a petition to terminate the parental rights of the respondent and the mother, alleging failure to achieve personal rehabilitation pursuant to § 17a-112 (c) (3) (B).5 At the same time, the respondent filed a motion to revoke the commitment of S to the commissioner. After a consolidated hearing, the court denied the motion and granted the termination petition. This appeal followed.

The respondent claims that the court improperly found by clear and convincing evidence that he had failed to achieve personal rehabilitation, and that it was not foreseeable for him to assume a responsible role in S’s life within a reasonable time pursuant to § 17a-112 (c) (3) (B). The respondent claims that he was “clearly closer to being able to provide satisfactorily for [S] on the adjudicatory date than he was on the [229]*229date the child was removed from his custody” because he had (1) maintained a permanent job, (2) secured adequate housing after the filing of the petition, (3) visited S regularly, (4) attended individual therapy before and after the filing of the petition, and (5) not used illegal drugs at any time. We disagree.

Our standard of review is well settled in termination of parental rights cases. We will overturn a finding of fact that a parent has failed to achieve rehabilitation only if it is clearly erroneous in light of the evidence in the record. In re Eden F., 250 Conn. 674, 705, 741 A.2d 873 (1999). We construe the facts in favor of the court’s judgment because of the court’s opportunity as the trier of fact to scrutinize the evidence, and to hear and observe the witnesses during trial. Id. “We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached.” (Internal quotation marks omitted.) Id.; see In re Luis C., 210 Conn. 157, 166, 554 A.2d 722 (1989). Our function is to determine whether the court’s conclusions were legally correct and factually supported. In re Roshawn R., 51 Conn. App. 44, 51, 720 A.2d 1112 (1998).

Section 17a-112 (c) (3) (B) allows for the involuntary termination of parental rights when “the parent of a child who . . . has been found by the Superior Court to have been neglected or uncared for in a prior proceeding . . .

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Cite This Page — Counsel Stack

Bluebook (online)
763 A.2d 83, 61 Conn. App. 224, 2000 Conn. App. LEXIS 610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stanley-d-connappct-2000.