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Juvenile Law

Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6388

AC48460 - In re Janeleah I. ("The respondent mother, Desiree I., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights with respect to her minor child, Janeleah. On appeal, the respondent claims that the court (1) violated her rights to procedural due process under the fourteenth amendment to the United States constitution by conducting the termination of parental rights trial in her absence and (2) improperly failed to make written, mandatory findings as to the seven best interest factors set forth in General Statutes § 17a-112 (k). We disagree with the respondent’s first claim but agree with her second claim. Accordingly, we reverse the court’s judgment with respect to its dispositional determination that termination of the respondent’s parental rights was in Janeleah’s best interest and remand the case for a new dispositional hearing.")


Juvenile Law Appellate Court Slip Opinions

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6377

AC48262 - In re Emilia M. ("The respondent mother, Cydney M., appeals following the judgments of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights with respect to her minor children, Emilia M. (Emilia) and Ariella M. (Ariella). On appeal, the respondent raises claims for the first time concerning the minor children’s right to conflict free counsel. Specifically, she claims that (1) the attorney who represented the minor children at trial had a conflict of interest and that the court’s failure to inquire into that conflict denied the minor children their federal and state due process rights to conflict free counsel, and (2) the court improperly failed to protect the children’s statutory right to conflict free counsel. The respondent has not raised any claim on appeal challenging the judgments terminating her parental rights with respect to the minor children. Because we conclude that this court lacks subject matter jurisdiction over the respondent’s appeal, we dismiss the appeal.")

AC48482 - In re Noah R.-R. ("The respondent father, Jorge R.-M., appeals from the judgment of the trial court terminating his parental rights with respect to his minor child, Noah R.-R. (Noah). On appeal, he claims that the court improperly determined that it was in Noah’s best interest to terminate the respondent’s parental rights. We disagree and affirm the judgment.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6368

AC48194 - In re Tianna M.-M. ("The respondent father, Toraine M., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights with respect to his minor child, Tianna M.-M. (Tianna). On appeal, the respondent claims that the court improperly concluded that the Department of Children and Families (department) made reasonable efforts to reunify him with Tianna. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6365

AC48224 - In re N. A. ("The respondent mother, L. A., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights with respect to her minor child, N. A., on the ground that the respondent had failed to achieve a sufficient degree of personal rehabilitation, pursuant to General Statutes § 17a-112 (j) (3) (B) (i). On appeal, the respondent claims that the court improperly determined that (1) the Department of Children and Families (department) made reasonable efforts to reunify her with the child, (2) she failed to rehabilitate sufficiently, and (3) termination of her parental rights was in the child’s best interest. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6350

AC48030 - In re Zakari W. ("The respondent mother, Tali B., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights as to her minor child, Zakari W. (Zakari). The respondent claims that the court erred in concluding that she failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (B). We disagree and, accordingly, affirm the judgment of the trial court.")


Juvenile Law Supreme & Appellate Court Slip Opinions

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6322

SC21078, SC21079 - In re Andrew C. ("Under General Statutes § 52-212a, courts lack the power to open a judgment unless a motion to open is filed within four months of the date that notice of the judgment was issued. One exception to this rule is when the trial court’s lack of subject matter jurisdiction was entirely obvious at the time of the judgment. See, e.g., Schoenhorn v. Moss, 347 Conn. 501, 515, 298 A.3d 236 (2023). The dispositive issue in these certified appeals is whether the Appellate Court correctly determined that the trial court lacked subject matter jurisdiction to grant a motion by foster parents for permissive intervention in the dispositional phase of a neglect proceeding. In 2023, the respondent father, Chester C. (respondent), filed a motion to open and vacate a 2021 judgment transferring guardianship of his minor son, Andrew C. (Andrew), to the intervening foster parents, Morgan A. and Alberto A. The motion was filed on the basis of In re Ryan C., 220 Conn. App. 507, 299 A.3d 308, cert. denied, 348 Conn. 901, 300 A.3d 1166 (2023), in which the Appellate Court held that General Statutes § 46b-129 (p) prohibits foster parents from intervening in such proceedings. Id., 525–26. The trial court granted the respondent’s motion and vacated the judgment transferring guardianship. The court reasoned that, because the foster parents were statutorily prohibited from intervening, the trial court lacked jurisdiction to grant their motion to intervene, and, therefore, the resulting judgment transferring guardianship of Andrew to them was void ab initio. The Appellate Court upheld the trial court’s decision on the respondent’s motion; In re Andrew C., 229 Conn. App. 51, 71, 326 A.3d 575 (2024); and we granted Andrew’s and the foster parents’ separate petitions for certification to appeal. While their appeals were pending, this court decided In re Jewelyette M., 351 Conn. 511, 332 A3d 207 (2025), which overruled In re Ryan C., concluding that ‘‘the legislature did not intend § 46b-129 (p) to prohibit a trial court from granting permissive intervention to a foster parent when appropriate.’’ Id., 515. Our decision in In re Jewelyette M., which held that § 46b-129 (p) does not limit the trial court’s authority to permit a foster parent to intervene in accordance with Practice Book § 35a-4 (c); id., 535; controls the outcome of these appeals, and, accordingly, we reverse the Appellate Court’s judgment.")

AC47971 - In re J. D. ("The respondent mother, A. T., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights and denying her motion for posttermination visitation rights with respect to her daughter, J. On appeal, the respondent claims that she did not receive effective assistance of counsel in opposing the petition to terminate her parental rights because her trial counsel did not present the testimony of Ralph Balducci, a psychologist, who had evaluated the respondent in January, 2023. We conclude that the respondent has not presented an adequate record by which we can review that claim and, accordingly, affirm the judgment of the court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6291

AC47618 - In re Elena M. ("The respondent father, Christopher W., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights as to his minor child, Elena M., on the ground that he failed to achieve a sufficient degree of rehabilitation pursuant to General Statutes § 17a-112 (j) (3) (B) (i) and (E). On appeal, the respondent claims that the court (1) violated his constitutional right to procedural due process by denying his oral motion for a continuance during the trial on the operative petition to terminate his parental rights, or (2) in the alternative, the court abused its discretion in denying the motion. We conclude that, in denying the motion for a continuance, the court did not (1) violate the respondent’s right to due process or (2) abuse its discretion. Accordingly, we affirm the judgment of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Agati, Taryn

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6283

AC47980 - In re Christopher C. ("The respondent father, Christopher C., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights with respect to his minor child, Christopher C., and denying the respondent's motions for transfer of guardianship and for out-of-state placement. On appeal, the respondent claims that the court abused its discretion in denying the respondent's oral motion for disqualification. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6276

AC48130 - In re Tiara E. ("The respondent father, Anthony E., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights with respect to his minor child, Tiara E. On appeal, the respondent claims that the court improperly (1) relied on information contained in a social study that was admitted into evidence in determining that the petitioner had furnished sufficient evidence that the Department of Children and Families (department) had made reasonable efforts to reunify him with Tiara and (2) determined that he was unable or unwilling to benefit from the services offered by the department. We affirm the judgment of the court.")


Juvenile Law Appellate Court Slip Opinions

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6257

AC47852 - In re C. Y. ("The respondent father, Carl Y., appeals from the judgment of the trial court rendered in favor of the petitioners, his sister, Cindy W. (Cindy), and her husband, Jacob W. (Jacob), removing the respondent as guardian of his minor child, C. Y., and appointing the petitioners as coguardians of the child. On appeal, the respondent claims that the court abused its discretion in determining that there was clear and convincing evidence to support its finding that the statutory ground for the removal of the respondent’s guardianship rights had been satisfied. We affirm the judgment of the court.")

AC47764 - In re Isabella S. ("In this child protection matter, the respondent parents, Billie Jean S. and Panyiotis S., appeal from the denial of their application for a writ of mandamus, in which they argued that the Department of Children and Families (department) was not providing their minor child, Isabella S., with appropriate mental health care. They sought an order requiring the department to place Isabella in an appropriate residential treatment setting in accordance with a March 15, 2024 decision issued by a department hearing officer. The respondents claim on appeal that the court (1) misinterpreted the meaning and the finality of the March 15, 2024 decision and (2) improperly concluded that a writ of mandamus was not the proper mechanism for seeking enforcement of the hearing officer’s decision. For the reasons that follow, we affirm the judgment of the court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6254

SC21055, SC21068 - In re Jewelyette M. ("These appeals concern the legal rights of foster parents to participate, as intervenors or otherwise, in neglect proceedings with respect to the best interest of any child who either is currently living with the foster parents or has been in the foster parents’ care within the year prior to the initiation of any such proceeding. The primary issue before us is whether General Statutes § 46b-129 (p) prohibits foster parents from intervening in the proceedings by conferring on them a limited ‘‘right to be heard and comment’’ in the proceedings. We conclude that the statute does not prohibit a trial court from permitting foster parents to intervene in such proceedings.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6228

AC 47853 - In re Matthew W. ("The respondent mother, Johnna W., appeals from the judgment of the trial court terminating her parental rights to her minor child, Matthew W. On appeal, the respondent claims that the court improperly determined that she had failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (E). We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6217

AC47807 - In re Aviana J. ("The respondent mother, Elizabeth T., appeals from the judgment of the trial court rendered in favor of the petitioner, the commissioner of Children and Families, terminating her parental rights with respect to her minor child, Aviana J. On appeal, the respondent claims that the court improperly determined (1) that she failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (B) (i), and (2) that the termination of her parental rights was in Aviana’s best interest. We affirm the judgment of the court.")


Juvenile Law Appellate Slip Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6208

AC47760 - In re Skye B. (Termination of parental rights; "On appeal, the respondent claims that the court violated his fifth amendment right against self-incrimination when it terminated his parental rights for failure to rehabilitate on the basis of his unwillingness to admit to the potentially criminal conduct that initiated the underlying child protection case. We affirm the judgment of the court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6199

AC 47771 - In re Ryshan N. ("The respondent mother, Crystal G., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights with respect to her minor son, Ryshan N. On appeal, the respondent claims that the court improperly drew an inference that was unsupported by the evidence and relied upon that inference in finding that she failed to achieve such degree of personal rehabilitation as would encourage the belief that in a reasonable time, considering Ryshan’s age and needs, she could assume a responsible position in his life as required by General Statutes § 17a-112 (j) (3) (B). We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6189

AC 47376 - In re Juliany T. ("The respondent father, Julio T., appeals from the judgment of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights with respect to his minor child, Juliany. The respondent raises three claims on appeal, each of which emanates from his contention that he was denied the effective assistance of counsel at trial, in violation of his due process rights under the fourteenth amendment to the federal constitution and article first, § 10, of the Connecticut constitution. First, he claims that his counsel’s allegedly deficient performance ‘‘was of such magnitude that it created structural error as set forth in United States v. Cronic, 466 U.S. 648, 104 S. Ct. 2039, 80 L. Ed. 2d 657 (1984),’’ and is therefore per se reversible error. Second, he claims that he has a due process right to a hybrid habeas fact-finding proceeding in the trial court to further develop the record as to his ineffective assistance of counsel claim because ‘‘the procedures available to him to vindicate his right to effective assistance of counsel are inadequate.’’ He further claims that, if he does not have a due process right to a hybrid habeas factfinding proceeding, this court should exercise its supervisory authority to create one. We affirm the judgment of the trial court and decline the respondent’s request that we exercise our supervisory authority.")


Juvenile Law Appellate Court Slip Opinions

   by Greenlee, Rebecca

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6150

AC47684 - In re Mikhail M. ("The respondent father, Daniel R., appeals from the judgment of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights with respect to his minor child, Mikhail M. On appeal, the respondent claims that the court improperly determined that he failed to achieve a sufficient degree of personal rehabilitation pursuant to General Statutes § 17a-112 (j) (3) (B) (i). We find no merit to the respondent’s claim and, accordingly, affirm the judgment of the court.")

AC47796 - In re Hyrum D. ("The petitioner, the Commissioner of Children and Families, appeals from the judgments of the trial court revoking the commitment of the minor children, Hyrum D. and Antonio D., to the custody of the petitioner and returning the children to the custody of the respondent mother, Stephanie V. On appeal, the petitioner claims that the court exceeded its statutory authority when it sua sponte revoked commitment of the minor children to the petitioner’s custody without providing all parties notice and a full evidentiary hearing. We agree and, accordingly, reverse the judgments of the trial court.")


Juvenile Law Appellate Court Slip Opinion

   by Agati, Taryn

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6140

AC47745 - In re S. G. ("The respondent mother, Elizabeth G., appeals from the judgments of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families (commissioner), terminating her parental rights with respect to her minor children, M and S (collectively, children). On appeal, the respondent claims that the court erred when it determined that (1) she had failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112 (j) (3) (B) (i), and (2) termination of her parental rights was in the children’s best interests. We disagree and, accordingly, affirm the judgments of the court.")


Juvenile Law Appellate Court Slip Opinion

   by Berardino, Emily

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6128

AC47485- In re Maci S. ("The respondent mother, Dayna L., appeals from the judgment of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights with respect to her minor child, Maci S. On appeal, the respondent claims that the court improperly determined that (1) she was unable or unwilling to benefit from the reunification efforts of the Department of Children and Families (department), (2) she failed to achieve a sufficient degree of personal rehabilitation pursuant to General Statutes § 17a-112 (j) (3) (B), and (3) the termination of her parental rights was in the best interest of Maci. We disagree with the respondent's claims and, accordingly, affirm the judgment of the court.")


Juvenile Law Appellate Court Slip Opinion

   by Zigadto, Janet

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=6127

AC47584 - In re Jacqueline K. ("The respondent father, Matthew S., appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families, terminating his parental rights with respect to his daughter, Jacqueline K. On appeal, the respondent claims that the court improperly concluded that (1) the Department of Children and Families (department) made reasonable efforts to reunify him with Jacqueline pursuant to General Statutes § 17a-112 (j) (1); (2) he failed to achieve the requisite degree of personal rehabilitation required by § 17a-112 (j) (3) (B); and (3) termination of his parental rights was in Jacqueline's best interest. We affirm the judgment of the trial court.")