In re Kamal R.
In re Kamal R.
Opinion of the Court
Opinion
The respondent father
The court’s memorandum of decision reveals the following facts and procedural history. Kamal was bom in December, 2009. In February, 2010, the petitioner, the commissioner of children and families, invoked a ninety-six hour hold on Kamal,
In its memorandum of decision, the court noted that the respondent had an “extensive history with substance abuse.” In March, 2010, after testing positive for maryuana and cocaine, the respondent failed to show up at an intensive outpatient treatment center where he had been referred. At that time, the department paid an outstanding $1000 electric bill on behalf of the respondent so that he would not lose his eligibility for
“In order to terminate a parent’s parental rights under [General Statutes] § 17a-112, the petitioner is required to prove, by clear and convincing evidence, that: (1) the department has made reasonable efforts to reunify the family; General Statutes § 17a-112 (j) (1); (2) termination is in the best interest of the child; General Statutes § 17a-112 (j) (2); and (3) there exists any one of the seven grounds for termination delineated in § 17a-112 © (3). . . . In re Melody L., 290 Conn. 131, 148-49, 962 A.2d 81 (2009).” (Internal quotation marks omitted.) In re Jason M., 140 Conn. App. 708, 719, 59 A.3d 902 (2013).
“A hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition. ... In the adjudicatory phase, the trial court determines whether one of the statutory grounds for termination of parental rights [under § 17a-112 (j)] exists by clear and convincing evidence. If the trial court determines that a statutory ground for termination exists, it proceeds to the dispositional phase. In the dispositional phase, the trial court determines whether termination is in the best interests of the child. . . .
“Our standard of review on appeal from a termination of parental rights is limited to whether the challenged
On appeal, the respondent challenges the court’s finding that the department made reasonable efforts to reunify him with Kamal. Specifically, he argues that while he was incarcerated, and then at the halfway house, he participated in the services that were available and that the department did not offer him any additional services. He further contends that employees of the department failed to contact the service providers to determine if those programs were sufficient for his needs. Last, he claims that he only had minimal contact with employees of the department. In his brief, the respondent summarized the situation as follows: “In essence, the [respondent] was a lost figure in this matter and the department never made any efforts to determine the appropriateness of reunification with the [respondent] or give [the respondent] any direction as to what he needed to do relative to reunify with his minor child.”
“[Section 17a-112] imposes on the department the duty, inter alia, to make reasonable efforts to reunite the child . . . with the parents. The word reasonable is the linchpin on which the department’s efforts in a particular set of circumstances are to be adjudged,
The record supports the court’s underlying findings and its ultimate determination that the department made reasonable efforts to reunify the respondent with Kamal. Specifically, the court noted the respondent’s history with substance abuse and his failure to attend a program to which the department had referred him. The department paid an outstanding electric bill in the amount of $1000 so that the respondent would not lose his housing. While the respondent faults the department for not being more involved in his programs while he was incarcerated, we note that while he was in the custody of the department of correction, the department was unable to offer him services.
The judgment is affirmed.
The petitioner, the commissioner of children and families, instituted this termination proceeding against both the mother and the father of the child, naming both as respondents. Only the father has filed this appeal, and, therefore, we refer in this opinion to the father as the respondent.
See General Statutes § 17a-101g (e) and (f).
See Practice Book § 35a-8.
On February 14,2013, the attorney for Kamal filed a statement in support of the petitioner’s brief. See Practice Book § 67-13.
The respondent did participate in similar services provided by the department of correction.
Reference
- Full Case Name
- IN RE KAMAL R.
- Cited By
- 2 cases
- Status
- Published