Summary
This document is a dissenting opinion in a Connecticut Supreme Court parental-rights termination case. Robinson, J., joined by Zarella, J., disagreed with the conclusion that the Department of Children and Families made reasonable efforts to reunify the respondent with Gabriella A., emphasizing inadequate initial therapy, the referral to trauma-focused treatment shortly before the termination petition, and the lack of inquiry into the respondent’s progress. The dissent also questioned whether the petitioner proved that the respondent was unable to benefit from reunification services.
Holdings
- The dissent would hold that the petitioner's efforts were unreasonable because it provided inadequate treatment for approximately a year, relied on the respondent's lack of progress in that inadequate treatment, and filed the termination petition without determining whether the respondent was benefiting from newly initiated trauma therapy.
- The dissent would hold that the petitioner failed to prove by clear and convincing evidence that the respondent was unable to benefit from reunification services because the respondent had received appropriate trauma therapy for only approximately two months when the petition was filed.
- The dissent applies evidentiary-sufficiency review to the ultimate reasonable-efforts determination and clear-error review to the factual findings underlying it.
Questions Presented
- Whether the petitioner made reasonable efforts to reunify the respondent with Gabriella when it initially provided inadequate therapy, later referred the respondent for trauma-focused therapy, and filed the termination petition after approximately two months of that therapy without investigating the respondent's progress.
- Whether the petitioner proved by clear and convincing evidence that the respondent was unable to benefit from reunification services under those circumstances.
- What standard of review applies to the reasonable-efforts and inability-to-benefit determinations.
Disposition
other
Cases Cited (23)
- In re Gabriella A., 154 Conn. App. 177, 184-88, 104 A.3d 805 (2014)(disagreed_with)
- In re Samantha C., 268 Conn. 614, 632, 847 A.2d 883 (2004)(followed)
- In re Jorden R., 293 Conn. 539, 552-53, 979 A.2d 469 (2009)(followed)
- In re Shane M., 318 Conn. 569, 587-88, 122 A.3d 1247 (2015)(followed)
- In re Alexander T., 81 Conn. App. 668, 672-73, 841 A.2d 274 (2004), cert. denied, 268 Conn. 924, 848 A.2d 472 (2004)(followed)
- In re Joseph M., 158 Conn. App. 849, 855-58, 120 A.3d 1271 (2015)(distinguished)
- In re Melody L., 290 Conn. 131, 148-49, 962 A.2d 81 (2009)(followed)
- State v. Elson, 311 Conn. 726, 746-47, 91 A.3d 862 (2014)(noted)
- In re Davonta V., 285 Conn. 483, 494-95, 940 A.2d 733 (2008)(followed)
- In re Davonta V., 98 Conn. App. 42, 48, 907 A.2d 126 (2006)(followed)
Showing top 10 of 23.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…