May 1, 2024
AC 46641
Mother appealed from the judgment terminating her parental rights, claiming that she was denied her due process right to the effective assistance of counsel when her attorney failed to object to the petitioner’s motion to amend the termination petition at the close of trial to add the ground of failure to rehabilitate, and further challenged the trial court’s determination that she was unable or unwilling to benefit from reunification efforts.
The Court held that the trial court did not violate Mother’s due process rights. Specifically, the Court found that the applicable rule of practice permitted amendment of the petition at any time before final adjudication, and the counsel’s failure to object was not objectively unreasonable given that evidence related to failure to rehabilitate had been introduced throughout the trial without objection. Mother’s counsel also actively contested this evidence through cross-examination and presentation of rehabilitative efforts. Moreover, Mother failed to demonstrate either deficient performance or resulting prejudice, having made no motion to open the judgment or petition for a new trial, and having failed to show how additional time would have produced a different outcome.
The Court further found that the trial court properly determined that Mother was unable or unwilling to benefit from reunification services. It declined to reach the merits of her claim that DCF failed to make reasonable efforts to reunify her with her child. The record supported the trial court’s findings that, despite extensive efforts by DCF, Mother had inconsistent communication while residing in Guatemala, delayed notifying DCF of her return to the U.S., and was reluctant to engage in services until well after her return. These delays impaired her understanding of the child’s evolving needs, particularly in light of the child’s trauma (ICE detention, sexual assault), and demonstrated an ongoing inability to provide the child with a safe and supportive environment.
https://www.jud.ct.gov/external/supapp/Cases/AROap/AP225/AP225.191.pdf
