PELLEGRINO, J.
The respondent father appeals from the judgment of the trial court terminating his parental rights with respect to his minor child, Shane M.
After a trial, at which the respondent was represented by counsel, the court in its well reasoned and comprehensive memorandum of decision detailed the following findings of fact and procedural history. The respondent is the biological father of Shane M., who was born on May 1, 2010. The petitioner, the Commissioner of Children and Families (commissioner), initially became involved with Shane shortly after he was born. The commissioner filed a petition of neglect on August 23, 2010, based in part on a domestic incident between Shane's mother and the respondent. The court granted the commissioner temporary custody of Shane on November 24, 2010, and the court issued initial specific steps to facilitate reunification on that date. On March 15, 2011, the respondent entered a plea of nolo contendere to the petition of neglect, and the court ordered final specific steps to facilitate the reunification of the respondent and Shane.
The respondent's final specific steps included: (1) cooperate and keep appointments with the Department of Children and Families (department); (2) undergo individual counseling with the goal of addressing issues of depression and anger management; (3) undergo parenting counseling with the goals of learning appropriate child development and becoming a safe and nurturing parent; (4) cooperate with counseling recommendations regarding assessment and treatment; (5) submit to substance abuse evaluations, treatment, and random drug testing, with the time
The court considered the petition to terminate parental rights pursuant to § 17a-112 (j), noting the relevant issues were: (1) whether the department made reasonable efforts to reunite Shane and the respondent, or whether the respondent was unable or unwilling to benefit from reunification efforts; (2) whether the respondent, after being provided with specific steps, "failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time ... such parent could assume a responsible position in the life of [Shane]";
The respondent underwent a clinical assessment at Radiance Innovative Services (Radiance).
The respondent attended individual counseling at Community Health Resources. The court found, however, that the respondent did not engage in counseling and was not fully committed to working on his individual issues. The respondent stated to his provider at Community Health Resources that he was only attending counseling to appease the department. On December 27, 2012, the program recommended no further treatment, despite the fact that the respondent continued to refuse to participate in medication evaluations.
The department also referred the respondent to the Non-Violence Alliance Program for domestic violence counseling.
In order to address concerns that the respondent had a substance abuse problem, the specific steps issued by the court included a prohibition on the use of drugs and alcohol, and directed the respondent to submit to random drug testing at the discretion of the department. After the final specific steps were issued, however, the respondent tested positive for marijuana use on four separate occasions.
As part of its determination regarding the respondent's degree of rehabilitation pursuant to § 17a-112 (j)(B), the court also relied upon the testimony of Derek Franklin, a clinical psychologist, whom the court found highly credible. Franklin recommended treatment for the respondent's psychological issues, as well as his substance abuse. Franklin emphasized the need to identify medication that could be helpful in managing the respondent's diagnoses. He specifically voiced his concerns over the respondent's failure to engage in substance abuse treatment, his reluctance to sufficiently address his ongoing anger issues, and his refusal to undergo a medication evaluation.
After considering the evidence, the court found that the respondent's level of rehabilitation "falls far short of that which would reasonably encourage the belief that at some future date [he] could assume a safe, reliable and responsible position in Shane's life given his age and needs." Although the court recognized that the respondent complied with some steps, it ultimately found the respondent "fail[ed] to adequately address [his] substance abuse, mental health and domestic violence issues."
The court, in its decision, noted that the respondent failed to acknowledge his personal issues that negatively affected his ability to parent. Specifically, the court
The respondent's refusal to accept the services of a parenting mentor, refusal to participate in a medication evaluation, as well as his claims that he did not need assistance or abuse drugs, "clearly demonstrate[d] to the court that [the respondent] has not gained sufficient insight or acknowledgement of his ongoing issues and is, therefore, unable to put his son's interests before his own.... [The respondent's] continual refusal to cooperate with ... court ordered recommendations when doing so would aid in his effort to be reunited with his son, is deeply troubling." The court then found that the department had proven, by clear and convincing evidence, that the respondent has not exhibited the requisite degree of personal rehabilitation to warrant reunification and, after considering the best interests of the child, the court terminated the respondent's parental rights with respect to Shane. The respondent filed a timely appeal.
"A hearing on a petition to terminate parental rights consists of two phases, adjudication and disposition.... In the adjudicatory phase, the trial court determines whether one of the statutory grounds for termination of parental rights [under § 17a-112 (j)] exists by clear and convincing evidence." (Internal quotation marks omitted.) In re Janazia S., 112 Conn.App. 69, 81-82, 961 A.2d 1036 (2009). Section 17a-112 (j) provides in relevant part: "The Superior Court, upon notice and hearing ... may grant a petition [to terminate parental rights] if it finds by clear and convincing evidence that ... (3)... (B) the child ... has been found ... to have been neglected or uncared for in a prior proceeding ... and the parent of such child has been provided specific steps to take to facilitate the return of the child to the parent ... and [the parent] has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable amount of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child...." "If the trial court determines that a statutory ground for termination exists, it proceeds to the dispositional phase. In the dispositional phase, the trial court determines whether termination is in the best interests of the child." (Internal quotation marks omitted.) In re Janazia S., supra, at 82, 961 A.2d 1036.
The respondent argues that the court misinterpreted the term "rehabilitation" in § 17a-112 (j)(3)(B), and that this improper interpretation led the court to consider evidence that "[does] not apply as a matter of law." The specific evidence at issue is (1) the court's finding that the respondent repeatedly asserted he did not
The respondent claims that the court's interpretation of the term rehabilitation in § 17a-112 (j)(3)(B) was unreasonably broad, and therefore the previously enumerated evidence was considered improperly. The respondent does not specifically explain how the court misinterpreted the term "rehabilitation," does not engage in a traditional exercise of statutory interpretation, and does not offer his own reasonable interpretation of that term. He claims it was improper for the court to rely on the four pieces of evidence which "were not grounds alleged in the petition [for the termination of parental rights] and were not argued by [the commissioner] at the conclusion of evidence." Moreover, the respondent relies on our Supreme Court's recent decision in In re Elvin G., 310 Conn. 485, 78 A.3d 797 (2013), to argue that rehabilitation, as contemplated in § 17a-112 (j)(3)(B), "must relate directly to specific steps." We interpret the respondent's argument as claiming that the court erred because it misinterpreted the term "rehabilitation" as including considerations not provided for in the specific steps.
The respondent raises a question of statutory interpretation, over which we exercise plenary review. In re Elvin G., supra, 310 Conn. at 499, 78 A.3d 797. We are guided by our previous interpretation of the term rehabilitation in § 17a-112 (j)(3)(B). "Rehabilitate means to restore... to a useful and constructive place in society through social rehabilitation.... Likewise, [f]ailure to rehabilitate is defined as the failure of a parent to achieve expectations following the adjudication and disposition of the prior neglect [proceeding]." (Internal quotation marks omitted.) In re Jazmine B., 121 Conn.App. 376, 391, 996 A.2d 286, cert. denied, 297 Conn. 924, 998 A.2d 168 (2010). Furthermore, in determining whether a party has achieved these expectations, and therefore has been rehabilitated, "a court may consider whether the parent has corrected the factors that led to the initial commitment regardless of whether those factors were included in the specific expectations ordered by the court or imposed by the department." (Emphasis in original; internal quotation marks omitted.) In re Emerald C., 108 Conn.App. 839, 847, 949 A.2d 1266, cert. denied, 289 Conn. 923, 958 A.2d 150 (2008). This leads to the conclusion that the term rehabilitation in § 17a-112 (j)(3)(B) is not limited to the conduct contemplated in the specific steps. The court therefore did not err in considering evidence that is not explicitly detailed in the specific steps.
We also note that the respondent's reliance on In re Elvin G. is misplaced. The issue in that case was "whether a prior order of specific steps to aid in reunification is a necessary prerequisite for any termination of parental rights that is based solely on a parent's failure to rehabilitate." In re Elvin G., supra, 310 Conn. at 487, 78 A.3d 797. Our Supreme Court concluded that parents must be provided with specific steps whenever parental rights are terminated pursuant to either § 17a-112 (j)(3)(B)(i) or (ii). Id., at 506, 78 A.3d 797. The respondent does not contest that he
Next, the respondent claims that the evidence presented was insufficient to provide a basis to terminate his parental rights. He argues that because he did not have an initial opportunity to parent Shane, his ability to parent cannot be rehabilitated or restored as required by § 17a-112 (j)(3)(B). Furthermore, he claims that without an initial opportunity to parent Shane, the evidence presented at trial was insufficient to prove he failed to achieve rehabilitation because the evidence set forth in part I A of this opinion was not included in the specific steps and therefore did not relate to the respondent's rehabilitation. We reject that argument and conclude that the evidence presented at trial was sufficient for the court to find that the respondent did not achieve a sufficient degree of personal rehabilitation.
We begin by addressing the respondent's arguments that the court's decision was improper because the respondent never had an initial opportunity to parent Shane, and because the evidence upon which the court relied does not relate to the specific steps. While the term "rehabilitate" as used in § 17a-112 (j)(B)(3) has been defined as "to restore" the respondent's ability to act as a responsible parent, we have also explained that the standard for rehabilitation is set by the "expectations following the adjudication and disposition of the prior neglect [proceeding]." (Internal quotation marks omitted.) In re Jazmine B., supra, 121 Conn.App. at 391, 996 A.2d 286. In other words, whether a parent has rehabilitated under the statute depends on whether he has met the expectations giving rise to the specific steps. This standard does not depend on whether a parent has had a previous opportunity to parent, as the respondent argues. We therefore conclude that the evidence presented was not insufficient merely because the respondent allegedly did not have a previous opportunity to parent Shane.
The respondent's claim that the court improperly terminated his parental rights based on insufficient evidence because the evidence set forth in part I A of this opinion was not contemplated by the specific steps has no merit. We have explained that "[t]he specific steps facilitate, but do not guarantee, the return of the child to the parent.... Although a parent may have participated in the programs recommended pursuant to the specific steps ordered, a court may properly find that the parent has failed to achieve rehabilitation.... In other words, a finding of rehabilitation is not based on a mechanistic tabulation of whether a parent has undertaken specific steps ordered." (Citations omitted; emphasis omitted.) In re Destiny R., 134 Conn.App. 625, 627, 39 A.3d 727, cert. denied, 304 Conn. 932, 43 A.3d 660 (2012). "In determining whether a parent has achieved sufficient personal rehabilitation, a court may consider whether the parent has corrected the factors that led to the initial commitment, regardless of
Finally, we address the merits of the respondent's insufficiency of the evidence claim. "[W]e review a trial court's finding that a parent has failed to achieve sufficient rehabilitation only for clear error." In re Elvin G., supra, 310 Conn. at 499, 78 A.3d 797. "A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. In applying the clearly erroneous standard to the findings of a trial court, we keep constantly in mind that our function is not to decide factual issues de novo." (Internal quotation marks omitted.) In re Janazia S., supra, 112 Conn. App. at 81, 961 A.2d 1036. "We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached.... [E]very reasonable presumption is made in favor of the trial court's ruling.... We also recognize that the trial court has an ability superior to our own to evaluate the evidence because of its firsthand opportunity to observe the parties and to hear their testimony." (Internal quotation marks omitted.) In re Ashley M., 82 Conn.App. 66, 71, 842 A.2d 624 (2004).
In order for a court to terminate parental rights for a parent's failure to achieve personal rehabilitation, § 17a-112 (j)(B)(3) "requires the court to find, by clear and convincing evidence, that the level of rehabilitation [the respondent] has achieved, if any, falls short of that which would reasonably encourage a belief that at some future date [the respondent] can assume a responsible position in [the] child's life." (Internal quotation marks omitted.) In re Melody L., supra, 290 Conn. at 149, 962 A.2d 81. Failure to complete the specific steps is evidence that the respondent has not achieved a sufficient degree of rehabilitation. In re Ashley M., supra, 82 Conn.App. at 72, 842 A.2d 624. Moreover, a respondent's failure to acknowledge the underlying personal issues that form the basis for the department's concerns indicates a failure to achieve a sufficient degree of personal rehabilitation. See In re Kamora W., 132 Conn.App. 179, 190, 31 A.3d 398 (2011) (respondent refused to acknowledge drug or alcohol problem); In re Jocquyce C., 124 Conn.App. 619, 626-27, 5 A.3d 575 (2010) (respondent failed to acknowledge habitual involvement with domestic violence); In re Christopher B., 117 Conn.App. 773, 784, 980 A.2d 961 (2009) (respondent blamed others for problems); In re Jermaine S., 86 Conn.App. 819, 834, 863 A.2d 720 (respondent's inability to admit she had substance abuse problem "thwarted her ability to achieve rehabilitation"), cert. denied, 273 Conn. 938, 875 A.2d 43 (2005); In re Sheila J., 62 Conn.App. 470, 481, 771 A.2d 244 (2001) (respondent failed to recognize her need for recommended counseling).
The court's finding that the evidence was sufficient to terminate the respondent's parental rights was not clearly erroneous. The court's decision was based on the fact that the respondent failed to "adequately address [his] substance abuse, mental health, and domestic violence issues...." There is extensive support in the record for this finding. For example, the commissioner presented evidence that
The respondent also claims that it was improper for the court to infer that he
"Under Golding, a [respondent] can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the claim of error; (2) the claim is of constitutional magnitude alleging deprivation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the [respondent] of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt." (Internal quotation marks omitted.) In re Azareon Y., 309 Conn. 626, 634, 72 A.3d 1074 (2013). The respondent "must meet all four prongs of the Golding analysis to be successful.... We are free, however, to dispose of the claim by focusing on the condition that appears most relevant under the circumstances of the case." (Citation omitted; internal quotation marks omitted.) State v. Williams, 60 Conn.App. 575, 579, 760 A.2d 948, cert. denied, 255 Conn. 922, 763 A.2d 1043 (2000). "The first two steps in the Golding analysis address the reviewability of the claim, while the last two steps involve the merits of the claim." (Internal quotation marks omitted.) In re Azareon Y., supra, at 634-35, 72 A.3d 1074. If either of the first two prongs is not met, the claim cannot be reviewed. State v. Bridget M., 124 Conn.App. 361, 367, 4 A.3d 1245 (2010).
"The fact that [a respondent] has argued [that a] claim is one of constitutional magnitude does not, alone, satisfy the requirements of Golding." (Internal quotation marks omitted.) In re Giovanni C., 120 Conn.App. 277, 281, 991 A.2d 638 (2010). We previously have reasoned that "not every deviation from the specific requirements of the rules of practice presents an issue of constitutional magnitude." State v. Bangulescu, 80 Conn.App. 26, 36, 832 A.2d 1187, cert. denied, 267 Conn. 907, 840 A.2d 1171 (2003). An alleged violation of the rules of practice, without a discussion of how that violation also infringes on a constitutional right, is insufficient to satisfy
We conclude that the respondent has not demonstrated that his claim is of a constitutional magnitude. The respondent's claim is based on alleged violations of Practice Book §§ 32a-1(h), 35a-7A, and General Statutes § 46b-137. In order for this claim to be reviewable under Golding, the respondent was required to explain how a violation of either the statute or rules of practice deprived him of a constitutionally protected right. See State v. Bridget M., supra, 124 Conn.App. at 367-68, 4 A.3d 1245. This explanation was not provided.
The respondent asserts that his claim "is grounded on fundamental fairness" and the "fundamental notions of fair play and notice," citing the general principle that "termination of parental rights implicates a parent's fundamental interest." Although we acknowledge that a fundamental constitutional right is at stake in a proceeding to terminate parental rights; In re Elvin G., supra, 310 Conn. at 500-501, 78 A.3d 797; the respondent does not explain how a violation of Practice Book §§ 32a-1 (h), 35A-7, or General Statutes § 46b-137 specifically infringes on that constitutional right. The respondent's argument does not explain, for example, how a court's failure to comply with Practice Book §§ 32a-1 or 35A-7 alone also violates his fifth amendment rights, or deprives him of his parental rights.
The respondent also contends that § 17a-112 (j) is unconstitutionally vague as applied to him. He again concedes this claim was not raised at trial and relies on a Golding review.
"The void for vagueness doctrine is a procedural due process concept that originally was derived from the guarantees of due process contained in the fifth and fourteenth amendments to the United States constitution."
"Legislative enactments carry with them a strong presumption of constitutionality, and a party challenging the constitutionality of a validly enacted statute bears the weighty burden of proving unconstitutionality beyond a reasonable doubt.... A statute is not unconstitutional merely because a person must inquire further as to the precise reach of its prohibitions, nor is it necessary that a statute list the exact conduct prohibited.... The constitution requires no more than a reasonable degree of certainty." (Citation omitted; internal quotation marks omitted.) Id., at 390, 996 A.2d 286. "[B]ecause we assume that a man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly." (Internal quotation marks omitted.) In re Michael L., supra, 56 Conn.App. at 696, 745 A.2d 847. "[A] statute gives fair warning of what conduct it prohibits if it is reasonably specific and direct enough so that a person of ordinary intelligence has a reasonable opportunity to govern his or her behavior by reference to the words of the statute together with available judicial gloss." (Internal quotation marks omitted.) Id., at 697, 745 A.2d 847.
Section 17a-112 (j)(3)(B) allows for the termination of parental rights due to a respondent's failure to achieve personal rehabilitation only after the respondent has been issued specific steps to facilitate rehabilitation. "Specific steps provide notice... to a parent as to what should be
On March 15, 2011, after the respondent entered a plea of nolo contendere to the neglect petition, the court read the specific steps to the respondent. The respondent acknowledged that he needed to comply with the steps in order to be reunited with Shane, and that if he failed to comply with any step it could be a basis for terminating his parental rights. As noted previously in this opinion, the respondent failed to comply with the specific steps. Specifically, he did not cooperate with counseling recommendations regarding assessment and treatment, refused a random drug test, and continued to use marijuana, as evidenced by several failed drug tests. The specific steps issued to the respondent provided him with notice of what was required to achieve such degree of personal rehabilitation as required by § 17a-112 (j)(3)(B), and the respondent had a reasonable opportunity to comply. We conclude a person of reasonable intelligence would have known that refusing treatment recommendations, declining drug tests, and continuing to use marijuana would be a basis for terminating his parental rights under the circumstances. Section 17a-112 (j)(3)(B) therefore was not unconstitutionally vague as applied to the respondent. Accordingly, the court did not err in terminating the respondent's parental rights.
The judgment is affirmed.
In this opinion the other judges concurred.