In re Devon B.

264 Conn. 572 (2003) · Supreme Court of Connecticut · July 8, 2003

Summary

The Connecticut Supreme Court held that the trial court abused its discretion by denying a mentally disabled mother's motion to cite in the Department of Mental Retardation as a necessary party in a neglect proceeding. The court concluded that the department's participation was essential to coordinating housing and support services needed to facilitate reunification with the mother's child. The judgment committing the child to the Department of Children and Families was reversed and the case was remanded.

Holdings

  1. Under the circumstances, the Department of Mental Retardation was a necessary party because its participation was essential to providing housing and disability-related services needed for reunification, and the trial court could not make a complete and final determination of the controversy without its joinder.
  2. Ordering the mother to continue working with the Department of Mental Retardation did not eliminate the need to join that department because the order did not require the department to undertake any particular plan of action.

Questions Presented

  1. Whether the trial court abused its discretion by denying the mother's motion to cite in the Department of Mental Retardation as a necessary party in the neglect and custody proceeding.
  2. Whether the Department of Mental Retardation's involvement in providing services to the mother was sufficient without formally joining it as a party.

Disposition

reversed_and_remanded

Cases Cited (15)

  • Napoletano v. CIGNA Healthcare of Connecticut, Inc., 238 Conn. 216, 225-26 n.10, 680 A.2d 127 (1996), cert. denied, 520 U.S. 1103, 117 S. Ct. 1106, 137 L. Ed. 2d 208 (1997)(followed)
  • Biro v. Hill, 214 Conn. 1, 6, 570 A.2d 182 (1990)(followed)
  • Caswell Cove Condominium Assn., Inc. v. Milford Partners, Inc., 58 Conn. App. 217, 224, 753 A.2d 361, cert. denied, 254 Conn. 922, 759 A.2d 1023 (2000)(followed)
  • Washington Trust Co. v. Smith, 241 Conn. 734, 747, 699 A.2d 73 (1997)(followed)
  • Rivera v. Veterans Memorial Medical Center, 262 Conn. 730, 742-43, 818 A.2d 731 (2003)(followed)
  • Sturman v. Socha, 191 Conn. 1, 6-7, 463 A.2d 527 (1983)(followed)
  • In re Eden F., 250 Conn. 674, 696, 741 A.2d 873 (1999)(followed)
  • Stanley v. Illinois, 405 U.S. 645, 651, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972)(followed)
  • Lehrer v. Davis, 214 Conn. 232, 236, 571 A.2d 691 (1990)(followed)
  • Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S. Ct. 2153, 68 L. Ed. 2d 640 (1981)(followed)

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