In re Tyscheicka H.

762 A.2d 916, 61 Conn. App. 19, 2000 Conn. App. LEXIS 583
CourtConnecticut Appellate Court
DecidedDecember 5, 2000
DocketAC 20369
StatusPublished
Cited by26 cases

This text of 762 A.2d 916 (In re Tyscheicka H.) 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 Tyscheicka H., 762 A.2d 916, 61 Conn. App. 19, 2000 Conn. App. LEXIS 583 (Colo. Ct. App. 2000).

Opinion

Opinion

HENNESSY, J.

The respondent mother appeals from the judgment of the trial court terminating her parental rights in her daughter.1 On appeal, the respondent claims that the court improperly found that the petitioner, the commissioner of children and families (commissioner), proved by clear and convincing evidence that (1) the respondent had failed to achieve sufficient personal rehabilitation pursuant to General Statutes [21]*21§ 17a-1122 and (2) the termination of the respondent’s parental rights was in the child’s best interest. We disagree and affirm the judgment of the trial court.

The court reasonably could have found the following facts. The respondent, who was seventeen years old at the time, gave birth to the child on February 14, 1997. In May, 1997, the child suffered acute febrile illness and shock due to the loss of fluids from vomiting and diarrhea and was admitted to the hospital. Shortly after the child’s release from the hospital, a visiting nurse assigned to aid the respondent in caring for the child reported that the respondent did not have either a crib or diapers for which to clothe the child. During the three weeks between the time she left the hospital in May and the filing of the neglect petition at the end of June, the child had lost one pound, and, when visited by the nurse, the respondent refused to show the nurse the formula that she gave the child.

On June 30,1997, the petitioner filed a neglect petition and obtained temporary custody of the child. On September 4,1997, the court found the child to be neglected [22]*22and committed her to the custody of the petitioner for a period of one year. This commitment has been extended by the court every year since that time.

The court, in its decision, recommended that the respondent take certain steps to correct the problems that resulted in the child’s removal from the respondent’s care. These steps included participating in parenting programs, visiting the child, who had been placed in a foster home, successfully completing substance abuse treatment, refraining from the use of illegal drugs, securing and maintaining adequate housing, and submitting to a court-ordered psychological evaluation that includes a clinical assessment and a parent-child evaluation. Throughout the year, following the commitment of the child to the commissioner, the respondent’s compliance with the court’s recommendations were, in the words of her own attorney, “less than exemplary.” As a result, on September 29, 1998, the petitioner filed a petition in accordance with § 17a-112 (c) (3) (B) (1) to terminate her parental rights. Thereafter, the court rendered judgment terminating the respondent’s parental rights. This appeal followed.

I

The respondent first claims that the court, in the adjudicatory phase of the hearing, improperly found that the petitioner proved by clear and convincing evidence that the respondent failed to achieve such a degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, she could assume a responsible position in the life of the child.

In January, 1999, the respondent entered Coventry House.3 The respondent argues that since she entered [23]*23Coventry House, she has progressed in developing her ability to care for her child. She contends that the court has not given her progress the proper weight in assessing whether rehabilitation is “foreseeable within a reasonable time.” We disagree.

“The 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.” (Citation omitted.) In re Tabitha P., 39 Conn. App. 353, 360, 664 A.2d 1168 (1995).

Section 17a-112 (c) (3) (B) would allow parental rights to be terminated “if by clear and convincing evidence it is established that the respondent’s level of rehabilitation falls short of the level which would encourage the belief that within a reasonable time, considering the age and needs of the child, the parent could assume a responsible position. . . . Thus, the statute requires the trial court to analyze the respondent’s rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable time.” (Emphasis in original; internal quotation marks omitted.) In re Hector L., 53 Conn. App. 359, 366-67, 730 A.2d 106 (1999). “In making the adjudicatory determination, the court is limited to considering events preceding the filing of the termination petition or the latest amendment.” (Internal quotation marks omitted.) In re Kasheema L., 56 Conn. App. 484, 487, 744 A.2d 441, cert. denied, 252 Conn. 945, 747 A.2d 522 (2000). In the dispositional phase of the termination hearing, “the court can consider all events occurring prior to the date of [24]*24the dispositional hearing, including those occurring after the filing of the termination petition.” (Internal quotation marks omitted.) Id., 488.

In reaching a conclusion as to whether the prospects for rehabilitation can be realized, “the trial court’s inquiry requires the determination of both the present and past status of the child, and obtaining a historical perspective of the respondent’s child caring and parenting abilities. ... A determination by the trial court under [the statute] that the evidence is clear and convincing that the parent has not rehabilitated herself will be disturbed only if that finding is not supported by the evidence and [is], in light of the evidence in the whole record, clearly erroneous.” (Citations omitted; internal quotation marks omitted.) In re Tabitha P., supra, 39 Conn. App. 361.

The following additional facts are relevant to our disposition of this claim. After reviewing the respondent’s parenting abilities from September 4, 1997, the date the court found the child to be neglected, to September 29,1998, the date the petitioner filed the petition to terminate parental rights, the court found little improvement in the respondent’s ability to parent and provide for the child.

During the period of time when the child was in foster care, the respondent was referred to a number of social service programs, including counseling, job training and a general equivalency diploma (GED) program, but she failed to take full advantage of these opportunities. For example, the respondent attended a family connections program with Catholic Family Services, which monitored her visits with her child, but the agency reported that the respondent did not show sensitivity to her child’s needs. She did not benefit from the parenting programs, she continued to abuse drugs and she lacked either the housing or income necessary for her care of [25]*25the child.

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Bluebook (online)
762 A.2d 916, 61 Conn. App. 19, 2000 Conn. App. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tyscheicka-h-connappct-2000.