FOTI, J.
The respondent mother 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, Jason B. On appeal, the respondent
The following undisputed facts and procedural history are relevant to our review of the present case. In 1994, when the respondent was sixteen, she gave birth to her first child. The respondent's relationship with that child's father ended after an incident of domestic violence. In 1997, the respondent gave birth to a second child. In 1999, the respondent married a second man. In 2000, the respondent gave birth to a third child. In 2004, after the deterioration of her marriage, the respondent began a relationship with a third man and again became pregnant. Approximately six and one-half months later, the respondent was injured during a domestic dispute and gave birth to a stillborn child.
In 2006, the respondent was sentenced to six months of imprisonment for criminal activities related to her use of crack cocaine.
From May, 2009, to October, 2009, the respondent attended a substance abuse clinic and was under the care of Stephen
On April 15, 2010, the respondent entered the New Life Program, an inpatient substance abuse program located in Putnam. On April 28, 2010, following a nolo contendere plea from the respondent, the court adjudicated Jason to be neglected and committed him to the petitioner's care, custody and guardianship. The same day, Jason was returned to the care of the respondent by the petitioner in order to participate in the New Life Program.
In August, 2010, the department of children and families (department) referred the respondent to the Natchaug Hospital Pathways Program. The respondent entered that program and was successfully discharged in September. The respondent's discharge summary from this program noted that her bipolar disorder was considered to be in full remission and that her addiction to cocaine was considered to be in early full remission.
The respondent failed to attend appointments at the Day Kimball Mental Health Center scheduled in September, 2010. On November 15, 2010, Kathy Flynn, an employee of Day Kimball Mental Health Center, stated that the respondent was at a high risk of relapse and recommended that she return to a higher level of care. An employee of the department discussed this recommendation with the respondent and recommended that she return to Natchaug Hospital. The respondent refused, however, to participate. On the same day, the respondent rescinded her releases of medical records. On December 1, 2010, the respondent refused to answer the door for a home visit despite acknowledging to the social worker that she was home. On December 3, 2010, the respondent failed to attend an appointment for a scheduled hair toxicology screen. Finally, the respondent did not attend scheduled visitations with Jason between November, 2010, and January, 2011.
On February 15, 2011, the petitioner moved to terminate the respondent's parental rights to Jason. Following a trial, the court issued a memorandum of decision concluding that the petitioner had
The respondent's first claim is that the court improperly drew an adverse inference against her, without first providing notice, based on her failure to testify. We disagree.
The following additional facts are necessary for the resolution of this claim. The court's memorandum of decision predicated its discussion of the evidence by stating that "[t]he credible evidence admitted at trial supports the following facts by clear and convincing evidence...." (Emphasis added.) In the following paragraph, the court stated: "Since [the respondent] did not testify, there was no evidence presented to contradict the representations made in the [s]ocial [s]tudy ... the [a]ddendum to the [s]ocial [s]tudy ... or any of the exhibits offered by the [p]etitioner. The court accordingly places great weight upon those representations and accepts them as stated." (Citations omitted.) The court also noted that the respondent "elected not to testify" and stated that "no adverse inference need be drawn." The court, at the respondent's request, issued an articulation clarifying whether its original memorandum of decision made an adverse inference against the respondent due to her failure to testify. In this articulation, the court stated that it "did not presume the evidence to be proven or presumed truthful or given `particular' weight because the respondent did not testify. The court did accept the social studies `as stated' that is uncontradicted, since no evidence was offered by the respondent to contradict them through the testimony of others or the offer of contradictory documentary evidence."
We begin our analysis of the respondent's claim by noting that the question of whether the court drew an adverse inference in the present case requires us to interpret the court's memorandum of decision. "The construction of a judgment is a question of law for the court, such that our review of the defendant's claim is plenary. As a general rule, judgments are to be construed in the same fashion as other written instruments.... The determinative factor is the intention of the court as gathered from all parts of the judgment.... The interpretation of a judgment may involve the circumstances surrounding the making of the judgment.... Effect must be given to that which is clearly implied as well as to that which is expressed.... The judgment should admit of a consistent construction as a whole." (Internal quotation marks omitted.) Lehan v. Lehan, 118 Conn.App. 685, 689, 985 A.2d 378 (2010).
The respondent is correct in her assertion that a court must inform a respondent if it intends to draw an adverse inference from his or her decision not to testify. See Practice Book § 35a-7A ("[i]f a party requests that the judicial authority draw an adverse inference from a parent's or guardian's failure to testify or the judicial authority intends to draw an adverse inference, either at the start of any trial or after the close of the petitioner's case-in-chief, the judicial authority shall notify the parents or guardian that an adverse inference may be drawn from their failure to testify"). This court has stated previously, however, that "[s]uch notice is required only if a court is inclined to draw an
The respondent claims that the court's statement that "`[s]ince [the respondent] did not testify there was no evidence presented to contradict the representations made in the [s]ocial [s]tudy'" indicates that the court drew an adverse inference based on her failure to testify. Although we agree that, when read in isolation, this statement may appear to be ambiguous, when read as a whole, the court's memorandum of decision clearly indicated that no adverse inference was drawn. Specifically, the court's memorandum of decision states that the respondent "elected not to testify and no adverse inference need be drawn." Moreover, in its articulation, the court noted that it did "not presume the evidence to be proven or presumed truthful... because the respondent did not testify."
The respondent also claims that the court erred in making certain factual findings. Specifically, the respondent claims that the court erred in finding that: (a) the department made reasonable efforts to reunify the respondent with her child, (b) that the respondent failed to achieve sufficient personal rehabilitation and (c) termination of the respondent's parental rights was in the best interests of the child. We disagree.
"It is axiomatic that a trial court's factual findings are accorded great deference.... On appeal, our function is to determine whether the trial court's conclusion was factually supported and legally correct.... In doing so, however, [g]reat weight is given to the judgment of the trial court because of [the court's] opportunity to observe the parties and the evidence.... We do not examine the record to determine whether the trier of fact could have reached a conclusion other than the one reached.... [Rather] every reasonable presumption is made in favor of the trial court's ruling.... Proof of one ground is sufficient to terminate parental rights." (Citation omitted; internal quotation marks omitted.) In re Zowie N., 135 Conn.App. 470, 499-500, 41 A.3d 1056, cert. denied, 305 Conn. 916, 46 A.3d 170 (2012).
The respondent claims that the court's conclusion that the department made reasonable efforts to reunify her with her child was clearly erroneous. Specifically, the respondent argues that the department should have referred her to additional substance abuse programs and provided her with additional mental health treatment. The petitioner responds by arguing that the evidence contained within the record does not indicate that additional services would have been beneficial and that, even if the record contained such evidence, it would not render the court's finding of reasonable efforts clearly erroneous. We agree with the petitioner.
"In order to terminate parental rights under § 17a-112 (j), the department is required to prove, by clear and convincing evidence, that it has made reasonable efforts ... to reunify the child with the parent, unless the court finds ... that the parent is unable or unwilling to benefit from reunification.... [Section 17a-112 (j)] imposes on the department the duty, inter alia, to make reasonable efforts to reunite the child or children with the parents. The word reasonable is the linchpin on which the department's efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof.... [R]easonable efforts means doing everything reasonable, not everything possible.... The trial court's determination of this issue will not be overturned on appeal unless, in light of all of the evidence in the record, it is clearly erroneous." (Citation omitted; internal quotation marks omitted.) In re Melody L., 290 Conn. 131, 144-45, 962 A.2d 81 (2009).
Here, the respondent received treatment from Connecticut Valley Hospital, Quinebaug Valley Extended Day Treatment Program, Stephen Eldredge, the New Life Program, the Pathways Program and Day Kimball Mental Health
The respondent claims that the court's finding that she has failed to achieve sufficient personal rehabilitation is clearly erroneous. In support of this claim, the respondent argues that the court's reliance on evidence of a relapse into substance abuse does not, by itself, support the court's finding that she has failed to achieve rehabilitation.
The following additional facts are relevant to our resolution of the respondent's claim. On September 12, 2011, the respondent was referred to the Quinebay Day Treatment Program at Natchaug Hospital. The discharge summary from this stay, dated October 3, 2011, contains the following information: "Patient is [a thirty-four year old] Caucasian woman disabled, collecting disability [and] referred for treatment by [p]ublic [d]efender. Patient said, `I had suicidal attempt [three] weeks ago. I was drinking alcohol, taking some pills and using crack. I did not want to live anymore because of my reputation, relationship and financial problems.'" The summary continues, "[l]egal [matters] pending for [twelve] counts of burglary and larceny." The summary further indicates that toxicology tests had been completed and the results were "positive for cocaine and cannabis." In an articulation dated January 10, 2012, the court noted that it gave "particular attention" to this document.
"Personal rehabilitation as used in the statute refers to the restoration
In the present case, the court noted explicitly that the respondent had tested positive for cocaine use only a few months before trial and had engaged in criminal activity. Moreover, as noted previously, the evidence contained in the record indicates that the respondent had declined inpatient treatment and had ceased cooperating with the department in relation to home visits, medical records and scheduled drug testing. In light of these facts, we conclude that the court's finding that the respondent had failed to achieve a level of rehabilitation that would encourage the belief that, within a reasonable time, considering the child's age and needs, she could assume a responsible position in the life of her child, was not clearly erroneous.
The respondent's final argument is that the court discounted certain evidence that Jason had bonded with her, and, therefore, its finding that termination of her parental rights was in the best interest of the child was clearly erroneous. The petitioner responds by arguing that the court properly considered the child's bond with his foster parents and his need for permanency and therefore properly reached the conclusion that it did. We agree with the petitioner.
"In the dispositional phase of a termination of parental rights hearing, the trial court must determine whether it is established by clear and convincing evidence that the continuation of the [respondent's] parental rights is not in the best interests of the child. In arriving at this decision, the court is mandated to consider and make written findings regarding seven
Here, the court made the following explicit findings of fact in relation to the factors enumerated in § 17a-112 (k): (1) the respondent was provided with "timely and appropriate services"; (2) the department made "reasonable efforts to reunite the family"; (3) the respondent had "violated a number of court orders pertinent to the specific steps"; (4) Jason "had a bond with [the respondent] until she stopped her regular visits" but has "fully integrated" with his foster family; (5) Jason was three years of age; (6) the respondent had failed to make "realistic and sustained efforts to conform her conduct to even minimally acceptable parental standards" regarding her addiction to illegal substances; and (7) the respondent was not prevented from maintaining a relationship with Jason by financial circumstances or by unreasonable conduct by third parties. In light of these factual findings, the court concluded that termination of the respondent's parental rights was in the best interests of the child.
The respondent contends that the court erroneously concluded in its discussion of the fourth factor that she no longer has a bond with Jason. In support of this argument, the respondent cites a report authored by Mary H. Cheyne, a clinical psychologist, on November 28, 2010. This report states that, during visitation, Jason "ran to [the respondent] when he identified her" and that the respondent "was very appropriate and bonded with her son and he was obviously attached to her." Jennifer Torres, the social worker assigned to the respondent and her family, testified at trial, however, that the bond between the
The judgment is affirmed.
In this opinion the other judges concurred.