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Juvenile Law

Juvenile Law Supreme Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3695

SC20151 - In re Taijha H.-B. (Termination of Parental Rights; Practice Book § 79a-3; appointed attorney declined to pursue an appeal; “The principal issue presented by this certified appeal is whether an appellate review attorney appointed to represent an indigent parent in an appeal from the termination of his or her parental rights must follow the procedure set forth in Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), before being permitted to withdraw from representation on the ground that he or she is unable to identify any nonfrivolous basis for appeal. We hold that when, as in the present case, the circumstances are such that the indigent parent has a constitutional right to appellate counsel, counsel may not be permitted to withdraw without, first, demonstrating, whether in the form of an Anders brief or in the context of a hearing, that the record has been thoroughly reviewed for potential meritorious issues, and, second, taking steps sufficient to facilitate review of the case, by the indigent parent and the presiding court, for the purpose of a determination as to whether the attorney accurately concluded that any appeal would be meritless”.)


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3580

AC42633 - In re Adrian K. (“The respondent father, Luis K., appeals from the judgment of the trial court denying his motion to dismiss an order of temporary custody and modifying the dispositive order from protective supervision with the mother to commitment to the custody of the petitioner, the Commissioner of Children and Families. The respondent claims that (1) the court improperly denied his motion to dismiss the order of temporary custody for lack of subject matter jurisdiction, and (2) the court’s denial of his motion to dismiss violated his right to due process under the fourteenth amendment to the United States constitution. We disagree and, accordingly, affirm the judgment of the trial court.”)


Juvenile Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3559

AC42499 - In re Skylar F. (Child neglect; "The respondent father appeals from the judgment of the trial court denying his motion to open the judgment of neglect that was rendered after the respondent was defaulted for his failure to attend a case status conference. On appeal, the respondent claims that the court improperly denied his motion to open because the record does not support a finding that he received "actual adequate notice of the [case status] conference in violation of his rights to the due process of law." We disagree and, accordingly, affirm the judgment of the trial court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3547

AC42478 - In re Leo L. (Third party; motion to transfer guardianship to grandfather; (“On appeal, the intervenor contends that the court erroneously determined that the transfer of guardianship would not be in the children’s best interests and, thus, abused its discretion in denying his motion. We disagree and, accordingly, affirm the judgment of the trial court.”)


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3523

AC41830, AC41889 - In re Anaishaly C. (Claim that there was no evidence that respondents' use of marijuana affected their ability to parent, and that because law concerning criminalization of marijuana had changed, that change had to be reflected in law concerning child protection. “The respondents contend that the court improperly concluded that (1) they failed to achieve the requisite degree of personal rehabilitation required by General Statutes § 17a-112, and (2) termination of their parental rights was in the best interests of the children. We affirm the judgments of the trial court.”)


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3514

AC42512 - In re Natalia M. (“On appeal, the respondent claims that the Department of Children and Families (department) violated his rights to due process of law by failing to provide adequate visitation with his child, which, he claims, ultimately led the court to terminate his parental rights after erroneously concluding that the department had made reasonable efforts at reunification, pursuant to § 17a-112 (j) (1). The respondent does not claim that the court erred in its conclusion that he was unable or unwilling to benefit from reunification efforts. Because the respondent challenges only one of the two bases for the court’s determination that § 17a-112 (j) (1) had been satisfied, we conclude that the respondent’s appeal is moot.”)


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3416

AC41709 - In re Avia M. ("The respondent mother appeals from the judgment of the trial court terminating her parental rights with respect to her daughter, Avia M. (child). On appeal, the respondent claims that the trial court improperly concluded that the petitioner, the Commissioner of Children and Families, proved by clear and convincing evidence that (1) the Department of Children and Families made reasonable efforts to reunify her, (2) she was unable or unwilling to achieve the requisite degree of personal rehabilitation, and (3) it was in the child’s best interest to terminate her parental rights. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3399

AC41875- In re Malachi E. (“On appeal, the respondent claims that the court erred in determining that the termination of her parental rights was in the best interest of the child because (1) the court relied entirely on its adjudicatory determination that the respondent had failed to achieve sufficient personal rehabilitation, and (2) there was no evidence to support its determination that the termination of her parental rights was in the best interest of the child. We affirm the judgment of the trial court.”)


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3379

AC41819 - In re Bianca K. ("On appeal the respondent claims that the court improperly concluded that (1) by the clear and convincing evidence adduced at the termination hearing, she had failed to achieve sufficient 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 the best interest of the child. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3353

AC41577 - In re Angelina M. ("The self-represented respondent mother appeals from the judgment of the trial court terminating her parental rights as to Angelina M., her minor child. She contends that the court improperly concluded that (1) she failed to achieve the requisite degree of personal rehabilitation required by General Statutes § 17a-112 and (2) termination of her parental rights was in the best interest of the child. We affirm the judgment of the trial court.")

AC41829 - In re Tresin J. ("On appeal, the respondent claims that the trial court erred when it determined, pursuant to General Statutes § 17a-112 (j) (3) (D), that no ongoing parent-child relationship exists between the respondent and Tresin. We affirm the judgment of the trial court.")


Family Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3339

AC40692 - Maria G. v. Commissioner of Children & Families (Whether trial court properly concluded that foreign court's judgment was not required to be enforced as matter of comity; "The petitioner, Maria G., appeals from the trial court's rendering of summary judgment in favor of the respondent, the Commissioner of Children and Families, on the petitioner's writ of habeas corpus seeking custody of the minor child, Santiago. On appeal, the petitioner claims that the court erroneously failed to credit a Guatemalan court's decree, which purportedly granted her parental guardianship rights over, and custody of, Santiago, when the court concluded that (1) public policy prohibited recognition of the decree because it was premised on a false birth certificate, and (2) the decree was obtained without notice to the respondent. We affirm the judgment of the court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3294

AC41742 - In re Gabriella C.-G., et al: (Termination of parental rights; “She claims on appeal that the court erred in (1) violating her constitutional rights by holding her to ‘unlawful, vague, high standards of care, compared to all the other parties . . . associated with the care and keeping’ of the five children, (2) denying ‘the right to a comparison of the foster parents . . . and [the Department of Children and Families (the department)] provided level of care that she was held to,’ including not allowing an injury report from the Office of the Child Advocate as to Dallas, (3) finding that the department made ‘reasonable efforts’ to reunify her with any of her five children, (4) making the statement, ‘this family can’t and won’t benefit from reunification’… and (5) stating that ‘it’s in the best interest’… of the five minor children for her to lose her parental rights.…Having reviewed the findings of the court as set forth in its thoughtful and thorough decision, we conclude that under the applicable standards of review, they are sufficiently supported by the evidence and not clearly erroneous. The judgments are affirmed.”)


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3250

AC41451 - In re Lilyana L.- (Termination of parental rights; claim of deliberate, nonaccidental assault; " On appeal, the respondent claims that the trial court erred when it determined, pursuant to General Statutes § 17a-112 (j) (3) (F), that the respondent committed an assault, through a deliberate, nonaccidental act that resulted in serious bodily injury to another child of the parent. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Opinion

   by Roy, Christopher

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3246

AC41531 - In re Zakai F. ("The respondent mother, Kristi F., appeals from the judgment of the trial court denying her motion for reinstatement of guardianship of her minor son, Zakai F. The respondent claims that the court violated her fundamental right to the care and custody of Zakai under the United States constitution by denying her motion (1) without a showing that she was unfit, and (2) without a finding by clear and convincing evidence that Zakai would be at a substantial risk of physical or emotional harm if the current guardianship of him by his aunt, the respondent's sister, were terminated. The respondent additionally claims that the court abused its discretion in concluding that her reinstatement as guardian was not in Zakai's best interest. We disagree with the respondent's claims and, accordingly, affirm the judgment of the court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3225

AC41469 - In re Madison M. ("On appeal, the respondent claims that he was not provided the specific steps mandated by General Statutes § 17a-112 (j) (3) (B) (i) and, consequently, was unable to achieve a level of rehabilitation that would reasonably encourage a belief that at some future date he could assume a responsible position in the lives of his children. Additionally, the respondent contends that the failure to provide him with the specific steps did not constitute harmless error. We do not agree with either argument and, therefore, affirm the judgments of the trial court.")


Juvenile Law Appellate Court Opinion

   by Booth, George

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3124

AC41349 - In re Joheli V. (Termination of parental rights; "The respondent father, Luis V., appeals from the judgment of the trial court terminating his parental rights with respect to his minor child, Joheli V. On appeal, the respondent claims that the court erred when it determined, pursuant to General Statutes § 17a-112 (j) (3) (B), that he had failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of Joheli, he could assume a responsible position in her life, based solely upon the fact that he is currently incarcerated and awaiting trial for allegedly sexually assaulting Joheli. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3113

AC41106 - In re Briana G. (Termination of parental rights to three minor children; “On appeal, the respondent claims that the court (1) prematurely determined that the respondent failed to rehabilitate because the Department of Children and Families (department) did not provide him with sufficient time and resources to do so, and (2) improperly admitted into evidence transcripts of text messages obtained by the police, although a proper chain of custody was not proved prior to their admission. We affirm the judgments of the trial court.”)


Juvenile Law Appellate Court Opinions

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3085

AC41248, AC41249 - In re Katherine H., In re James H.("In these consolidated appeals, the self-represented respondent mother, Ann C., appeals from the judgments of the trial court finding her minor children, Katherine H. and James H., neglected and committing them to the custody of the petitioner, the Commissioner of Children and Families. On appeal, the respondent essentially takes issue with the manner in which the Department of Children and Families (department) performed its responsibilities and the court’s factual findings. We affirm the judgments of the trial court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3080

AC41157- In re Zoey H. ("The respondent claims that (1) his right to procedural due process under the United States constitution was violated by the court’s failure to hold a hearing to determine his fitness as a parent before depriving him of the custody and care of his child, and (2) as applied, General Statutes § 46b-129 (m) violates his right to substantive due process under the United States constitution and improperly assigns the burden of proof to him. We affirm the judgment of the trial court.")


Juvenile Law Appellate Court Opinion

   by Townsend, Karen

 https://jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2991

AC40809 - In re Athena C. (Petition by the Commissioner of Children and Families to terminate parental rights; “The respondent claims that the trial court improperly (1) determined that the termination of his parental rights was in the child’s best interest; and (2) denied his motion to transfer guardianship of the child to the child’s maternal grandmother (grandmother). We affirm the judgment of the trial court.")


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