January 1, 2025

230 Conn. App. 86 (Jan 2025)

Termination of parental rights; failure of respondent to achieve sufficient degree of personal rehabilitation as required by statute (§ 17a-112 (j) (3) (B) (i)).

Father appealed to termination of parental rights, arguing improper determination of his failure to achieve sufficient degree of personal rehabilitation.

  • Failure of a parent to achieve sufficient personal rehabilitation is a statutory ground on which Court can terminate parental rights.
  • Rehabilitation under C.S.G. § 17a-112 (j) (3) (B) (i) failure to assume responsible position in child's life.
    • Minor child is neglected, abused or uncared for (found in prior proceeding) and parent has failed to achieve personal rehab within reasonable time.
  • “Personal rehabilitation”: restoration of parent to their former constructive and useful role as a parent.
    • Whether they’ve gained ability to care for particular needs of child.
    • Here dad had history of substance abuse, strained relations w family bc of substance dependence (cocaine, fentanyl and methamphetamines), refused DCF’s engagement in treatment, went AWOL for 4 months.
      • Did treatment but relapsed almost immediately, never had significant period of sobriety.
  • Father didn’t recognize (according to licensed psychologist) the impact of his substance abuse on his child and minimized his dependence.
    • Hasn’t adequately addressed mental health issues (depression, PTSD)
    • Hasn’t addressed outstanding arrest warrant in CA.
  • History of involvement in criminal justice system:
    • Felony convictions
    • Probationary stints
    • Fleeing CA w/o probation officer’s knowledge.
    • Arrested 2x in CT (once for # of felonies, other for domestic incident w brother at home)
  • “Glaring parenting deficits”:
    • Terminated parental rights for another child (also didn’t address substance abuse impact)
    • Continued to misuse substances
    • Left CA while under court supervisions and disappeared for substantial periods during child protection proceedings (didn’t communicate or cooperate w DCF)
    • Lacked stable housing
    • Didn’t visit child consistently in first year of child’s life (only saw him 4x in 10 mo period)
  • HOWEVER did complete a parenting course and has visited more regularly since March 2023.
  • Judgment affirmed to terminate parental rights.
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