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In a
thoughtful, yet factually contrasting opinion, the Appellate court
affirmed the termination of a four year old girl, Ashley, finding
that the trial court had appropriately found by clear and convincing
evidence that Ashley's mother had failed to achieve a sufficient
degree of rehabilitation that would have enabled her to assume a
responsible parental role. In addition, the court refused to entertain
the respondent’s contention that the trial court refused to consider
evidence dealing with facts arising subsequent to the filing of
the termination petition by the Department of Children and Families
("Department").
The
respondent mother endured a long and difficult struggle with substance
abuse, culminating in Ashley's birth in December 1999. In January
2000, the Department moved into the picture by taking custody of
Ashley and obtaining an Order of Temporary Custody, as the baby
was born exposed to cocaine and marijuana. In February, 2001, the
juvenile court committed Ashley to the Department, and in December
of 2001, the Department filed its petition to terminate the respondent
mother's parental rights. The court granted the Department’s termination
petition in February 2003, and this appeal ensued.
The
appellate court tackled two issues raised by Ashley's mother. First,
the mother claimed that the facts presented at trial did not support
the conclusion that she did not achieve sufficient rehabilitation
as mandated by Conn. Gen. Stat. § 17a-112(j)(3)(B). The overwhelming
testimony of three Department social workers and an independent
psychologist confirmed by "clear and convincing" evidence that the
mother:
- Did
not visit Ashley regularly
- Failed
to keep Department or psychiatric appointments
- Failed
to secure adequate housing or employment
- Didn’t
complete any substance abuse programs – the most essential requirement
mandated by the superior court.
- Did
not demonstrate a strong bond with her child – as opposed to the
"very caring" relationship exhibited between the foster mother
(Ashley's cousin) and Ashley
In contrast, the respondent mother claimed that
she had achieved significant rehabilitation, as indicated by her ability
to care for her newborn child, and that she had not used illegal substances
over a significant period of time. While the court admitted that the
respondent had achieved some degree of rehabilitation (as indicated
by a "negative" result on all drug tests), the overwhelming nature
of her reluctance to attend substance abuse programs, combined with
the lack of consistency in the drug testing arena, met the "clear
and convincing" standard.
The
second issue presented on appeal was the respondent's claim that
the trial court did not consider facts that arose subsequent to
the filing of the termination petition. Here, the appellate court
unequivocally found that the court allowed the respondent to present
evidence tending to demonstrate that she had achieved rehabilitation
– including drug test results, all of which were reflected in the
trial court's findings of fact. In addition, the court rejected
the respondent's final contention that the trial court should have
ordered further random drug testing when the Department's Commissioner
refused to do so. In light of the overwhelming evidence of failed
substance abuse programs, transience, lack of contact with her daughter,
poor judgment and failure to identify and meet her daughter's emotional
needs, the respondent' sole claim regarding drug testing did not
rise to the level of "clearly erroneous," thus affirming the trials
court’s decision.
The case
may be accessed by going to the judicial department web site at
http://www.jud.state.ct.us/external/supapp/Cases/AROap/AP82/82ap211.pdf
(JES 4/01)
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