In re Jacob W., 330 Conn. 744

Summary

This document is a dissenting opinion in a Connecticut Supreme Court case concerning petitions to terminate a father’s parental rights based on the absence of an ongoing parent-child relationship. The dissent argues that the trial court independently found insufficient proof that allowing additional time to establish or reestablish the relationship would be detrimental to the children’s best interests. It would reverse the Appellate Court and affirm the trial court’s denial of the termination petitions.

Holdings

1. Section 45a-717 (g) (2) (C) requires the petitioner to prove by clear and convincing evidence both that no ongoing parent-child relationship exists and that allowing further time to establish or reestablish the relationship would be detrimental to the child's best interests.
2. The trial court's finding that additional time would not be detrimental was not clearly erroneous, and the appellate courts should defer to the trial court's fact-bound assessment unless the finding lacks evidentiary support.
3. Incarceration may be considered in assessing a parent's ability to maintain a relationship, but incarceration alone cannot serve as the basis for terminating parental rights.

Questions Presented

1. Whether the trial court's denial of the petitions to terminate parental rights could be affirmed because the petitioner failed to prove the independent statutory 'further time' detriment prong.
2. Whether General Statutes § 45a-717 (g) (2) (C) requires clear and convincing proof of both the absence of an ongoing parent-child relationship and detriment from allowing additional time to establish or reestablish that relationship.
3. Whether the Appellate Court improperly substituted its judgment for that of the trial court when reviewing fact-bound findings concerning detriment and the timing of termination.

Disposition

reversed_and_remanded