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In Re Anthony A.

Citations: 963 A.2d 1057; 112 Conn. App. 643; 2009 Conn. App. LEXIS 132Docket: 29399, 29400

Court: Connecticut Appellate Court; February 17, 2009; Connecticut; State Appellate Court

Narrative Opinion Summary

The Appellate Court of Connecticut affirmed the trial court's decision to terminate the parental rights of a mother concerning her son, following a violent altercation that led to a neglect petition. The Department of Children and Families provided services to the mother, but she failed to achieve the necessary rehabilitation for reunification. Despite entering a reunification program, her lack of compliance and ongoing domestic violence issues led to the termination of her parental rights under General Statutes § 17a-112. An intervenor, the child's maternal great-grandmother, also appealed the denial of her motion to transfer guardianship, claiming it was in the child's best interest. However, the court determined that maintaining the child's placement with his foster parents, who served as his psychological parents, better served his interests. The appellate court upheld the trial court’s judgment, finding no abuse of discretion and concluded that the intervenor had standing to appeal but failed to demonstrate that transferring guardianship was warranted. The court emphasized the importance of stable, permanent arrangements for the child, consistent with legal standards for determining the child’s best interests.

Legal Issues Addressed

Appellate Review Standards

Application: The appellate court affirmed the trial court's decision, emphasizing the presumption in favor of the trial court's conclusions and requiring a clear demonstration of abuse of discretion for reversal.

Reasoning: Intervention by appellate courts requires more than a mere difference of opinion; it necessitates a clear demonstration of abuse of discretion by the trial court.

Best Interest of the Child

Application: The court determined that terminating parental rights and not transferring guardianship to the intervenor was in the best interest of the child, given the stability provided by the foster parents.

Reasoning: The court concluded that terminating the respondent's parental rights was in the best interest of the child, Anthony.

Reasonable Efforts for Family Reunification

Application: The Department of Children and Families made reasonable efforts to reunify the mother with her child, which included parenting classes and domestic violence counseling.

Reasoning: The court found that the department made reasonable efforts to reunite the respondent with Anthony, citing specific steps ordered in March and November 2006, including parenting classes and domestic violence counseling.

Standing to Appeal

Application: The intervenor, the maternal great-grandmother, was found to have standing to appeal the denial of the guardianship transfer due to her status in the neglect petition case.

Reasoning: The court concluded that the intervenor has standing to appeal the denial of the guardianship transfer motion, given her status in the neglect petition case.

Termination of Parental Rights under General Statutes § 17a-112

Application: The court found that the respondent mother failed to achieve sufficient personal rehabilitation necessary to assume a responsible role in her child's life.

Reasoning: The court found, by clear and convincing evidence, that she did not achieve sufficient personal rehabilitation, a determination deemed not clearly erroneous.