In re Sydnei V.

168 Conn.App. 538

147 A.3d 147

In re Sydnei V.^*

AC 38627

Appellate Court of Connecticut.

Argued April 5, 2016

Officially released September 15, 2016^**

David J. Reich, for the appellant (respondent).

Benjamin M. Wattenmaker, assigned counsel, for the appellee (petitioner).

George Jepsen, attorney general, Gregory T. D'Auria, solicitor general, and Benjamin Zivyon and Carolyn Signoralli, assistant attorneys general, filed a brief for the Commissioner of Children and Families as amicus curiae.

Lavine, Mullins and Harper, Js.

LAVINE, J.

The respondent mother appeals from the judgment of the trial court terminating her parental rights in her daughter (child) pursuant to General Statutes § 45a–717(g)(2)(A), abandonment, and § 45a–717(g)(2)(C), no ongoing parent-child relationship.¹ On appeal, the respondent claims that the court (1) violated her right to due process by failing to determine, during the dispositional phase of the termination of parental rights proceeding, that there would be some adverse effect to the child by failing to terminate her parental rights in the child, (2) erred in finding that it was in the child's best interests to terminate the respondent's parental rights as to the child, and (3) committed plain error by failing to canvass her prior to trial as required by In re Yasiel R. , 317 Conn. 773, 120 A.3d 1188 (2015) (Yasiel canvass), and In re Daniel N. , 163 Conn.App. 322, 135 A.3d 1260, cert. denied, 321 Conn. 908, 135 A.3d 280 (2016).² We disagree and, therefore, affirm the judgment of the trial court.

In its memorandum of decision, the court, Hon. Barbara M. Quinn , judge trial referee, made the following findings of fact. J.V. and his wife, K.V., are the child's legal guardians (guardians).³ In December, 2014, in the Court of Probate for the District of Danbury, the petitioner, J.V., filed an application to terminate the respondent's parental rights, pursuant to General Statutes § 45a–717. The application allegedthat the respondent's parental rights should be terminated on the ground of abandonment; General Statutes § 45a–717(g)(2)(A) ; and no ongoing parent-child relationship; General Statutes § 45a–717(g)(2)(C).⁴ Pursuant to a motion filed by counsel for the child, the matter was transferred to the Superior Court for Juvenile Matters. See General Statutes § 45a–715. The trial was conducted between October 5 and October 8, 2015.

The respondent and the child's father had dated one another while they were in high school. They later married and had one child who is the subject of the present termination proceeding. The child was born in 2005. The couple's relationship was marked by domestic violence and alcohol abuse. In 2006, they were living apart from one another. Despite their differences, the couple tried to “patch things up.” One evening they went out to dinner and were involved in a serious motor vehicle crash. The child's father was killed at the scene, and the respondent suffered serious injuries. The accident investigation concluded that the respondent and the child's father were intoxicated with blood alcohol levels in excess of the legal limit.

The respondent subsequently married G.U. with whom she has a son, Z. The respondent's relationship with G.U. also was characterized by domestic violence, and drug and alcohol abuse. The child and Z were exposed to a great deal of turbulence. As a consequence of their domestic violence, the respondent and G.U. were arrested on numerous occasions. Although the respondent reported that G.U. instigated the violence, the court found that the respondent was the primary aggressor. In January, 2010, the respondent was so angry that she attacked G.U. with a knife and tried to cut his face. The child, who was five years old at the time, was awakened from sleep by the fracas. She still recalled the incident at the time of trial.

On January 17, 2010, the Department of Children and Families (department) obtained an order of temporary custody and removed both children from the care of respondent and G.U. and placed them with the guardians. The child was adjudicated neglected on November 22, 2010, and placed in the guardians' care.⁵ When the child entered the guardians' home, she was terrified of knives, including the mere mention of them. She was shy, withdrawn, anxious, and suffered night terrors. When she was traveling in a motor vehicle, the child became nervous and fearful that the respondent was following and would take her away. The guardians placed her in therapy, which was of some benefit to her.

At the time of the neglect proceedings, the court, Sommer, J. , ordered once-a-week visitation between the respondent and the child and joint counseling for them. The therapist was to work with the respondent and the child to improve their relationship and expand visitation and was authorized to make recommendations regarding the progress, duration, and frequency, as well as the supervision, of the visits between the respondent and the child. The hoped-for normalization of the parent-child relationship between the respondent and the child did not take place due to the trauma the child had suffered as a result of the constant violence in her parental home. The child did not want to talk about her life with the respondent, even five years later at the time of the termination of parental rights trial.

The respondent and the child had scheduled visitation during the first year and one-half following the transfer of guardianship. The child was anxious, however, and her symptoms increased prior to each visit. It was difficult to schedule the time and location of the visits. The guardians asked the respondent to provide adequate notice so that they could prepare the child emotionally to be ready for the visit. The respondent often gave notice at the last minute, after the child had gone to bed for the night, which made it difficult for the guardians to prepare her for the visit, which took place at restaurants, in the community, and in parks. Sometimes Z or the court appointed guardian ad litem attended the visits. On the way to the visits, the child complained of having a stomach ache and that she needed to throw up. The visits lasted for approximately one hour, sometimes longer. Often the child wished the visits to be shortened. Occasionally, the respondent brought the child a gift. Once, the respondent took the child to a “Build-a-Bear” store, where she purchased a teddy bear for the child. When the child returned to the guardians' home, she wanted to throw out the bear. By early 2012, the visits between the respondent and the child were sporadic and far between. The two were no longer were engaged in joint therapy, and the therapist did not recommend increasing the amount of time the respondent spent with the child.

In March, 2012, the respondent filed a motion for increased visitation. The parties reached an agreement that, after three individual therapy sessions, the respondent could have therapeutic visits with the child. The respondent, however, failed to attend the three required therapy sessions, and all visits ceased. The respondent last visited the child on April 9, 2012. The respondent and child have had no contact since then.

The respondent claimed that she failed to continue therapy and engage in therapeutic visits with the child for financial reasons. She had no insurance and inadequate income from her employment. The court found no evidence that the respondent made any attempt to seek therapy on a sliding pay scale or to ask for help from others, such as the guardian ad litem, to find affordable therapy. She made only a minimal effort to comply with the court-ordered conditions for increased access to the child.

In addition to failing to find means by which she could increase her access to the child, the respondent did not take advantage of other avenues open to her that would demonstrate her commitment to the child. The respondent provided no financial support for the child nor did she send the child letters or gifts. She failed to inquire about the child's school progress, medical appointments, or her life in general. The court found that whatever her level of concern may have been, the respondent failed to manifest it in a concrete manner to inform herself about the child's daily life and progress.

The respondent filed another motion for visitation in December, 2013. The department investigated and filed a visitation report dated July 7, 2014. After reviewing the history and the child's relationship with the respondent, the department did not recommend visitation.

Court-ordered psychological evaluations of both the respondent and the child were performed in October, 2014, by Deborah Gruen, a clinical and forensic psychologist. The guardians also were interviewed. On the basis of Gruen's testimony at trial, the court found that the respondent was an emotionally sensitive person who has a propensity for unstable relationships. She can be irritable, demanding, and charming at the same time, is manipulative in her relationships, and exercises poor judgment. Although Gruen did not provide a diagnosis, she found that the respondent exhibits antisocial behavior and borderline personality traits. She recommended that the respondent receive intensive psychotherapy with a seasoned clinician to deal with the trauma the respondent herself has experienced, both as a child and in her adult relationships.⁶ Without intensive treatment, Gruen's prognosis for the respondent is guarded. Because the respondent was pregnant in November, 2014, Gruen recommended that the respondent wait at least six months before entering therapeutic intervention. This period of time was needed to give the respondent time to adjust to all of the significant changes that were coming to her life.

The court asked Gruen to answer additional questions, which she did in August, 2015. Gruen summarized the treatment the respondent had received and results of the conversation she had with the...