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Respondent
father appealed judgment of the trial court terminating his parental
rights, on the ground that because he was incarcerated for a portion
of the trial and was not brought to the court he was denied his
constitutional right to be present at trial and confront the witnesses
against him. The appellate court held that the although DCF belatedly
discovered that the father was incarcerated for a portion of the
termination trial, the steps taken to inform the court and permit
the respondent's subsequent participation in the trial were sufficient
to address any risk of erroneous deprivation of the father's rights.
The trial took place for many days over the course of several months.
The father chose not to participate in the early days of the trial
despite being free in the community. Though the father did miss
a portion of the trial due to his incarceration, after DCF discovered
his status, the state informed the court and the court took several
steps to address the matter. The court opened the evidence, appointed
counsel for the respondent, provided transcripts to counsel, permitted
a continuance to allow adequate preparation for the continued trial,
and allowed the respondent to call or recall witnesses and present
evidence. Given these measures, the appellate court rejected the
respondent's claim that the only workable remedy was to grant him
a new trial.
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