In re Justice V.
Appellate Court
Released December 9, 2008 TERMINATION OF PARENTAL RIGHTS/ABANDONMENT/LACK
OF SPECIFIC STEPS:
This case involves an appeal
from the trial court's order terminating parental rights as to Justice
V on the ground of abandonment. The crux of the appeal was whether
the trial court's failure to issue specific following the neglect
adjudication precluded the trial court from granting termination
of parental rights on the ground of abandonment. Respondent mother
also claimed that the trial court's factual findings that TPR was
warranted were clearly erroneous.
DCF took temporary custody
of Justice V. 2006, when he was then four years old. The order of
temporary custody was sustained due to respondent's failure to appear.
Due to the respondent's threats to DCF employees, a protective order
was issued preventing respondent from having any contact with the
child except as arranged by DCF. Justice V. was adjudicated neglected
and committed to the custody of the petitioner on January 16, 2007
after the respondent again failed to appear. Subsequent to the adjudication
and commitment, respondent filed a motion to revoke the child's
commitment and have custody transferred to maternal grandmother.
The motion was denied on April 20, 2007, and a petition to terminate
parental rights was filed thereafter. The trial court ruled on the
petition, and parental rights were terminated.
On appeal the court agreed
that the trial court failed to follow the provisions of CGS 46b-129
and order specific steps. Nonetheless, the court held that this
failure did not result in manifest injustice, as respondent's rights
were terminated on the basis of abandonment, not on grounds of the
respondent's failure to rehabilitate. The appellate court also affirmed
the trial court's finding that the respondent would not have benefited
from efforts to reunify her with her child, thereby rendering the
trial court's failure to issue specific steps harmless in this case.
Respondent continuously threatened DCF employees, failed to visit
Justice V. or inquire into the child's well-being, and never sought
reunification with the child.
