In re Terrance C.

755 A.2d 232, 58 Conn. App. 389, 2000 Conn. App. LEXIS 293
CourtConnecticut Appellate Court
DecidedJune 27, 2000
DocketAC 19491
StatusPublished
Cited by11 cases

This text of 755 A.2d 232 (In re Terrance C.) 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 Terrance C., 755 A.2d 232, 58 Conn. App. 389, 2000 Conn. App. LEXIS 293 (Colo. Ct. App. 2000).

Opinion

Opinion

SCHALLER, J.

The respondent father1 appeals from the judgment of the trial court terminating his parental rights with respect to his son on the ground of abandonment. On appeal, the respondent claims that the trial court improperly (1) found that the respondent abandoned his son, (2) determined that the petitioner, the commissioner of children and families, established by clear and convincing evidence that reasonable efforts to unify the respondent with his son were made and (3) failed to make factually supported and legally correct dispositional findings. We affirm the judgment of the trial court.

The following facts and procedural history are relevant to this appeal. The respondent’s child was born on March 12, 1996. He was removed from his mother’s care when he was a few days old and placed with his maternal great grandmother with whom he resides today. The respondent visited the hospital upon the birth of his son, but did not see the child. At that time, the respondent was seventeen years old and had not completed high school. During the pending proceed[391]*391ings, the respondent was sporadically employed and periodically incarcerated. His last contact with the petitioner was on April 22, 1996. He wrote letters to the child at Christmas, his birthday and Thanksgiving; the maternal great grandmother sent pictures of the child to the respondent.

On March 17,1996, the petitioner filed a neglect petition with respect to the child. Thereafter, on August 20, 1996, the child was adjudicated neglected and committed to the care of the petitioner. On August 19, 1997, the court extended the commitment and found that further reunification efforts between the child and his mother and the respondent were not appropriate. The respondent did not attend those hearings.

On February 11, 1998, the petitioner filed a termination of parental rights petition against the parents with respect to the child, alleging that the respondent abandoned the child in the sense that he failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the child pursuant to General Statutes (Rev. to 1997) § 17a-112 (c) (3) (A).2 The trial concerning termination was held on February 11, 1999. At that time, the respondent signed an acknowledgment of paternity. The child has never been in the custodial care of either parent.

[392]*392In its memorandum of decision dated March 10,1999, the trial court found by clear and convincing evidence that the child was abandoned by the respondent father in the sense that the father has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child. See General Statutes (Rev. to 1997) § 17a-112 (c) (3) (A). The court further found that the statutory grounds for termination had existed for more than one year as required by General Statutes - (Rev. to 1997) § 17a-112 (c) (3) and made the mandatory findings required by General Statutes (Rev. to 1997) § 17a-l 12 (e), now (d).3 Specifically, the trial court found that the respondent was offered visits and administrative case reviews, but did not act upon those offers. Further, no expectations were set for the respondent [393]*393due to his lack of involvement in his son’s life. The trial court then terminated the parental rights of both parents, finding that it was in the best interest of the child. This appeal followed. Additional facts and procedural history will be set forth as necessary.

“The standard for review on appeal [from a termination of parental rights] is whether the challenged findings are clearly erroneous.” (Internal quotation marks omitted.) In re Hector L., 53 Conn. App. 359, 364, 730 A.2d 106 (1999). “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.” (Internal quotation marks omitted.) Id., 364-65.

“A hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition. ... In the adjudicatory phase, the trial court determines whether one of the statutory grounds for termination of parental rights exists by clear and convincing evidence. If the trial court determines that a statutory ground for termination exists, it proceeds to the disposi-tional phase. In the dispositional phase, the trial court determines whether termination is in the best interest of the child.” (Internal quotation marks omitted.) Id., 364.

I

The respondent claims that the trial court; improperly found that he abandoned his son because his conduct did not amount to abandonment. The respondent claims that his conduct must be judged in light of the fact that he was not given any assistance, a service agreement or a statement of expectations. We disagree.

[394]*394“Abandonment occurs where a parent fails to visit a child, does not display love or affection for the child, does not personally interact with the child, and demonstrates no concern for the child’s welfare. In re Juvenile Appeal (Docket No. 9489), 183 Conn. 11, 14, 438 A.2d 801 (1981).” In re Kezia M., 33 Conn. App. 12, 18, 632 A.2d 1122, cert. denied, 228 Conn. 915, 636 A.2d 847 (1993). “Attempts to achieve contact with a child, telephone calls, the sending of cards and gifts, and financial support are indicia of interest, concern or responsibility for the welfare of a child.” (Internal quotation marks omitted.) In re Drew R., 47 Conn. App. 124, 129, 702 A.2d 647 (1997). “Section 17a-112 (b) (1) does not contemplate a sporadic showing of the indicia of interest, concern or responsibility for the welfare of a child.” (Internal quotation marks omitted.) In re Roshawn R., 51 Conn. App. 44, 53, 720 A.2d 1112 (1998).

In this case, the respondent’s contact with his son was minimal at best. Although the respondent attempted to visit the child when he was bom, he did not actually see the child. He made one further attempt to see the child, one week later. The respondent has sent the child only a few items of correspondence and has not shown concern regarding the child’s progress, including walking, talking or religious exposure.

“The commonly understood general obligations of parenthood entail these minimum attributes: (1) express love and affection for the child; (2) express personal concern over the health, education and general well-being of the child; (3) the duty to supply the necessary food, clothing, and medical care; (4) the duty to provide an adequate domicile; and (5) the duty to furnish social and religious guidance.” (Internal quotation marks omitted.) Id.

The respondent’s incarceration undoubtedly has hindered his ability to provide these essentials for his son. Incarceration alone, however, is not sufficient to estab[395]*395lish the statutory grounds for abandonment.

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Cite This Page — Counsel Stack

Bluebook (online)
755 A.2d 232, 58 Conn. App. 389, 2000 Conn. App. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-terrance-c-connappct-2000.