In re Jonathan M.
In re Jonathan M.
Opinion of the Court
The respondent father’s petition for certification for appeal from the Appellate Court (AC 19120) is denied.
Dissenting Opinion
dissenting. The trial court terminated the parental rights
In its opposition to this petition, the state has cited State v. Anonymous, 179 Conn. 155, 171, 425 A.2d 939 (1979), for the proposition that “[t]ime is of the essence in child custody cases.” This proposition is indisputably correct, but there is another side to the coin: a father has a “fundamental liberty interest ... in the care, custody, and management of [his natural] child . . . .” Santosky v. Kramer, 455 U.S. 745, 753, 102 S. Ct. 1388, 71 L. Ed. 2d 599 (1982).
The trial court opinion explained the underlying facts of this case as follows: “On October 31,1997, the department of children and families [department] filed coterminous petitions for neglect and for the termination of the parental rights of Stacie M. and John M. to then-son, Jonathan M. [who was about five months old at the time and who was] one year and five months old [at the time of trial]. Jonathan was placed in foster care on October 29, 1997, after a fight in the home between his mother and father concerning his care. His mother
John recited the following procedural history in the petition for certification that he submitted to this court: “On October 23,1998, the trial court (Quinn, J.) entered judgment terminating [John’s] parental rights to his son, Jonathan .... The court adjudicated on the statutoiy termination ground of acts of parental commission or
“The attorney appointed by the trial court to act on [John’s] behalf neither made inquiry into whether there were any issues worthy of appeal, nor secured [John’s] right to take an appeal, nor did he make it known to the judicial authority that there was no merit to an appeal at the earliest possible moment. [John], upon his own initiative, and with no financial resources, was able to secure his appeal rights by filing pro se an application for waiver of fees and costs (which was granted by the court on December 2, 1998), and [the appropriate appeal] form. Being unlettered in the law, and without the financial ability to hire an attorney, [John] was not able to figure out [what additional papers] he needed to file ... in order to proceed with his appeal.
“On December 23, 1998, the [state] filed a Motion to Dismiss for Failure to Prosecute with Due Diligence asserting that [John] had not filed: (1) a preliminary designation of the pleadings; (2) a transcript certification; (3) a docketing statement; and (4) a proposed judgment file. The . . . Appellate Court dismissed [John’s] appeal sometime in the early part of 1999. [John] did not have notice of the dismissal.
“On April 6, 1999, [John], through counsel, filed a Motion to Open Dismissal for Failure to Prosecute With
My colleagues in the majority are insensitive to the fact that the termination of parental rights represents “ ‘the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and his parent . . . .’ It is, accordingly, ‘a most serious and sensitive judicial action.’ Anonymous v. Norton, 168 Conn. 421, 430, 362 A.2d 532, cert. denied, 423 U.S. 935, 96 S. Ct. 294, 46 L. Ed. 2d 268 (1975). Although the severance of the parentchild relationship may be required under some circumstances, the United States Supreme Court has repeatedly held that the interest of parents in their children is a fundamental constitutional right that ‘undeniably warrants deference and, absent a powerful countervailing interest, protection.’ Stanley v. Illinois, 405 U.S. 645, 651, 92 S. Ct. 1208, 31 L. Ed. 2d 551 (1972); see also In re Juvenile Appeal (83-CD), 189 Conn. 276, 295, 455 A.2d 1313 (1983) (noting that ‘it is both a fundamental right and the policy of this state to maintain the integrity of the family’). Termination of parental rights does not follow automatically from parental conduct justifying the removal of custody. ‘The fundamental liberty interest of natural parents in the care, custody, and management of their child does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life.’ Santosky v. Kramer, [supra, 455 U.S, 753].” In re Jessica M., 217 Conn. 459, 464-65, 586 A.2d 597 (1991).
The facts of this case narrate a nightmare. Our judicial system has failed Jonathan, violated John’s constitutional rights, and parted John from Jonathan with a
Accordingly, I dissent.
In the interest of protecting the privacy of the family, the surnames of the parties have been omitted from official documents.
The motion to open the dismissal was filed by an attorney who included all of the necessary papers that John — as a layperson — had failed to file in his pro se appeal.
We may transfer cases to ourselves pursuant to Practice Book § 65-1 and General Statutes 51-199 (c).
John is unrelated to this child.
Reference
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