In re Teagan K.-O.

CourtConnecticut Appellate Court
DecidedApril 27, 2022
DocketAC44918, AC44923
StatusPublished

This text of In re Teagan K.-O. (In re Teagan K.-O.) 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 Teagan K.-O., (Colo. Ct. App. 2022).

Opinion

*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion.

All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative.

The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** IN RE TEAGAN K.-O.* (AC 44918) (AC 44923) Alexander, Suarez and Sheldon, Js.

Syllabus

The respondent parents filed separate appeals to this court from the judg- ment of the trial court terminating their parental rights with respect to their minor child, T. T was born in Florida, and the Florida Department of Children and Families took emergency custody of T. While the respon- dent mother was pregnant with T, the respondents moved to Florida in order to avoid further involvement with the Connecticut Department of Children and Families. The petitioner, the Commissioner of Children and Families, filed a motion in Connecticut seeking temporary custody of T and a petition seeking to adjudicate T neglected, which the trial court denied on the ground that T was not in Connecticut. After a Florida court ratified and adopted a magistrate’s recommendation to transfer jurisdiction to Connecticut, the trial court granted the petitioner’s renewed request for an ex parte order of temporary custody of T. The court denied the respondent father’s motion to dismiss the neglect peti- tion on the ground of lack of subject matter jurisdiction, and the father appealed. The petitioner subsequently filed a petition to terminate the respondents’ parental rights. Our Supreme Court in In re Teagan K.-O. (335 Conn. 745) reversed the judgment of the trial court and remanded the case with direction to grant the father’s motion to dismiss the neglect petition, concluding that the court lacked jurisdiction over that petition because, when that petition was filed, T was not present in Connecticut. Thereafter, the trial court dismissed the neglect petition. Subsequently, the petitioner filed a motion for order in which she asked the court to find that it had jurisdiction over T’s case, including the pending termination of parental rights petition, which the court granted. After concluding that it had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the court consolidated for trial the termination of parental rights petition with the father’s motion seeking to vacate the order of temporary custody. Following a trial, the court rendered judgment terminating the respondent parents’ parental rights and denying the father’s motion to vacate the order of temporary cus- tody. Held: 1. This court declined to review the respondent mother’s claim that the trial court lacked the statutory authority to terminate her parental rights because T was not in the custody of the petitioner, which was based on her claim that the fact that our Supreme Court ordered that the neglect petition be dismissed vitiated the predicate for the order of temporary custody that had been granted to the petitioner pursuant to statute (§ 46b-129): the mother’s claim constituted an impermissible collateral attack on the order of temporary custody as the mother did not appeal from the order of temporary custody, which was a final judgment for purposes of appeal, and the mother had a chance to litigate any issue with respect to the order of temporary custody when it was issued and when the neglect petition was dismissed, but failed to do so. 2. The respondent father’s claim that the trial court lacked jurisdiction to adjudicate the petition for termination of parental rights because the order of temporary custody was not a final custody determination for purposes of establishing jurisdiction under the UCCJEA, and because there was no mechanism by which the order of temporary custody could become a final custody determination, was unavailing: in adjudicating the petitioner’s motion for order, the court found that the order of temporary custody was a final custody determination for the purposes of jurisdiction under the UCCJEA, and determined that Connecticut would retain jurisdiction over the case and would move forward in adjudicating the termination of parental rights petition as the three conditions required by statute (§ 46b-115n (b)) to make that determina- tion were satisfied, namely, the father did not dispute that Connecticut had become T’s home state and that proceedings had not been instituted in any other state, and the court explicitly determined that the order of temporary custody was a final child custody determination for the purposes of jurisdiction under the UCCJEA. Argued February 15—officially released April 27, 2022**

Procedural History

Petition by the Commissioner of Children and Fami- lies to terminate the respondents’ parental rights as to their minor child, brought to the Superior Court in the judicial district of New London, Juvenile Matters at Waterford, and tried to the court, Hoffman, J.; judgment terminating the respondents’ parental rights, from which the respondents filed separate appeals to this court. Affirmed. Albert J. Oneto IV, assigned counsel, for the appellant in Docket No. 44918 (respondent mother). Matthew C. Eagan, for the appellant in Docket No. AC 44923 (respondent father). Evan O’Roark, assistant attorney general, with whom, on the brief, were William Tong, attorney gen- eral, and Nisa Khan, assistant attorney general, for the appellee in both appeals (petitioner). Opinion

SUAREZ, J. In these two appeals, the respondent parents appeal from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating their parental rights with respect to their minor child, Teagan K.-O. (Teagan). In Docket No. AC 44918, the respondent mother claims that the trial court lacked the statutory authority to terminate her parental rights under General Statutes § 17a-112 because Teagan was not in the custody of the petitioner pursuant to General Statutes § 46b-129. Specifically, she argues that the fact that our Supreme Court ordered that the neglect petition filed with respect to Teagan be dismissed vitiated the statutory predicate for the order of temporary custody over Teagan that had been granted to the petitioner under § 46b-129. In Docket No. AC 44923, the respondent father claims that the trial court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCC- JEA), General Statutes § 46b-115 et seq., to adjudicate the petition for termination of parental rights because (1) the order of temporary custody was not a final custody determination for purposes of establishing jurisdiction under the UCCJEA, and (2) there is no mechanism by which the order of temporary custody could become a final custody determination. We affirm the judgment of the trial court.

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Bluebook (online)
In re Teagan K.-O., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-teagan-k-o-connappct-2022.