 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
In re Brendan C.6/14/2005
In separate appeals, now consolidated, the respondent parents challenge the judgment of the trial court terminating their parental rights as to their minor child. In AC 25327, the respondent mother's sole claim is that the court failed to appoint a separate guardian ad litem for the child as required by General Statutes § 46b-129a. In AC 25326, the respondent father claims that (1) the child was not afforded adequate legal representation, (2) the court failed to appoint a guardian ad litem for the father as mandated by General Statutes § 45a-708 (a) and the procedural due process clauses of the fourteenth amendment to the United States constitution and article first, §§ 8 and 10, of the constitution of Connecticut, (3) the department of children and families (department) failed to make reasonable efforts at reunification as required by General Statutes § 17a-112 (j) (1), (4) the department failed to make reasonable accommodations in the provision of reunification services pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., (5) the court improperly determined that termination of the father's parental rights was in the child's best interest, (6) termination of the father's parental rights violated his substantive due process rights under the fourteenth amendment to the United States constitution and article first, §§ 8 and 10, of the constitution of Connecticut, and (7) termination of the father's parental rights violated his right to equal protection under article first, § 20, of the constitution of Connecticut. It is noteworthy that none of those claims was raised before the trial court. We affirm the judgment of the trial court.
The petitioner, the commissioner of children and families (commissioner), filed a neglect petition on April 6, 2001. At the time, the child, whose date of birth is November 16, 1997, was three years old. The petition was founded on the following facts. The department had been called to investigate allegations of physical abuse, subsequently substantiated, that the father had thrown a remote control device that hit the child in the head. The mother reported instances of spousal abuse by the father. The mother was unable to control the child, who habitually hit her and swore at her when she directed him to do something. The child, who suffered from expressive speech disorder with significant speech and language delays, had a poor record of attendance at prekindergarten.
Prior to the disposition of the neglect petition, the respondents underwent court-ordered psychological evaluations by psychologist Ruth M. Grant in August, 2001. Grant found that the mother was emotionally detached and unable to control the child's physical aggression or to set boundaries. As to the father, Grant reported that he had a benign brain tumor that caused seizures, which were controlled by medication, and noted that the medications he took could have the effect of slowing brain functioning. Grant determined that although the father was "not technically retarded," he was functioning in "the mild mental retardation range . . . ." Grant also observed that the child appeared emotionally detached from the respondents.
The court issued an order of temporary custody on October 2, 2001, placing the child in the custody of the commissioner. The child was placed first in a safe home and then in a foster home. During that time, the child's speech and behavior improved, and he was toilet trained. In December, 2001, he was evaluated by Grant. She found him to be of average intelligence and noted that he continued to have problems in terms of verbal and perceptual skills but was showing signs of progress. During the evaluation, the child volunteered that he
Page 1 2 3 4 5 6 7 Connecticut Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|