Summary
This Connecticut Appellate Court decision reviews a trial court's judgment terminating a father's parental rights following a petition by the Commissioner of Children and Families. The appellant argued that the trial court improperly relied on a social study allegedly tinged with bias because the assigned social worker had expressed interest in adopting the child. The appellate court affirmed the termination, holding that the respondent failed to object to the report at trial or demonstrate actual bias, and that sufficient evidence supported the department's reasonable reunification efforts and the father's inability to benefit from services.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in finding that the Department of Children and Families made reasonable efforts to reunify the father with Tiara.
- Whether the trial court erred in finding that the father was unable or unwilling to benefit from the department’s services.
Holdings
- The trial court’s finding that the department made reasonable efforts to reunify the father was supported by clear and convincing evidence and therefore is affirmed.
- The trial court’s finding that the father was unable or unwilling to benefit from services is affirmed as supported by the record.
Key quotations
“Section 17a-112 (j) (1) requires that before terminating parental rights, the court must find by clear and convincing evidence that the department has made reasonable efforts to locate the parent and to reunify the child with the parent, unless the court finds the parent is unable or unwilling to benefit from reunification efforts.” (at 14)
Factual background
Tiara E. was born in January 2021 while her father was incarcerated. The Department of Children and Families placed Tiara in the father's care after a temporary custody order, but the father remained homeless, unemployed, and struggled with substance abuse. Despite multiple service requirements and supervised visits, the father failed to maintain stable housing or consistent participation in treatment. The department continued efforts to reunify, but the father was deemed unable or unwilling to benefit from services, leading to termination of his parental rights.
Procedural history
The trial court terminated the parental rights of the respondent father and the mother after finding the Department of Children and Families had made reasonable efforts to reunify the child, Tiara E., with the father, who was found unable or unwilling to benefit from services. The father appealed the judgment to the Connecticut Appellate Court.