ALVORD, J.
The respondent mother (mother) appeals from the judgments of the trial court terminating her parental rights as to her minor child Etta H. (Etta),
The record reveals the following relevant facts and procedural history. Etta was born in December, 2009. A referral to the department followed the mother's arrest in February, 2010, for assault and breach of the peace arising out of an altercation with the father, for which Etta was present. The commissioner filed an order of temporary custody of Etta in May, 2010, on the basis of another domestic violence incident between the mother and the father. Etta was committed to the care and custody of the commissioner in August, 2010. She has been in her current foster placement since November, 2010.
Queensara was born in late September, 2011. On October 5, 2011, the commissioner filed a petition pursuant to General Statutes § 46b-129, alleging that Queensara was neglected in that she was permitted to live under conditions, circumstances, or associations injurious to her well-being. The commissioner also filed an order for temporary custody. Queensara was placed in the same foster home as her sister, Etta, in October, 2011.
On January 30, 2012, the court, Gilligan, J., granted the commissioner's motion to consolidate the two petitions for purposes of trial. Following six days of testimony from eleven individuals over the course of eight months, the court, Brown, J., issued a memorandum of decision on February 22, 2013, and rendered judgments terminating the mother's parental rights as to Etta, adjudicating Queensara neglected, and committing Queensara to the custody and care of the commissioner. This appeal followed.
We first address the mother's claims regarding the termination of her parental rights as to Etta. "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)
We address the mother's first two claims together. The mother challenges the court's finding that the department made reasonable efforts to reunify the mother and Etta, and emphasizes the lack of "at home" and overnight visits with Etta in support of her argument.
"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.... [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." (Internal quotation marks omitted.) In re Jah'za G., supra, 141 Conn.App. at 30-31, 60 A.3d 392. "Accordingly, the department [is] required to prove in the trial court either that it has made reasonable efforts to reunify or, alternatively, that the parent is unwilling or unable to benefit from reunification efforts." (Internal quotation marks omitted.) In re Dominico M., 141 Conn.App. 576, 580, 61 A.3d 612, cert. denied, 308 Conn. 933, 64 A.3d 331 (2013).
Our review of the record reveals that there was ample evidence supporting the court's finding that the department made reasonable efforts to reunify the mother with Etta and also that the mother was unable or unwilling to benefit from reunification.
The mother also claims that the court erred when it found that she failed to achieve a sufficient degree of personal rehabilitation within the meaning of § 17a-112 (j)(3)(B). The mother insists that the trial court's conclusion that she failed to achieve rehabilitation is clearly erroneous because she made considerable efforts to comply with the court-ordered specific steps to reunify with Etta: she found employment, acquired stable housing, and greatly improved her relationship with the father. The mother asserts that the trial court "essentially penalized" her for her husband's failure to achieve personal rehabilitation. We are not persuaded.
"Section 17a-112(c)(3)(B) [now (j)(3)(B)] requires the court to determine whether the degree of personal rehabilitation [achieved by the parent] . . . encourage[s] the belief that within a reasonable time ... such parent could assume a responsible position in the life of the
"Although the standard is not full rehabilitation, the parent must show more than any rehabilitation.... [E]ven if a parent has made successful strides in her ability to manage her life and may have achieved a level of stability within her limitations, such improvements, although commendable, are not dispositive on the issue of whether, within a reasonable period of time, she could assume a responsible position in the life of her children." (Citations omitted; internal quotation marks omitted.) In re Alejandro L., 91 Conn.App. 248, 260, 881 A.2d 450 (2005). "[P]sychological testimony from professionals is rightly accorded great weight in termination proceedings." (Internal quotation marks omitted.) In re Luciano B., 129 Conn.App. 449, 475, 21 A.3d 858 (2011).
Our review of the record supports the trial court's conclusion that the mother failed to attain a sufficient degree of personal rehabilitation. Although the court acknowledged that the mother was making progress, it found that she had not achieved a degree of personal rehabilitation to convince the court that she is ready to resume a responsible role in Etta's life. The evidence before the court included testimony from Dr. Green that the earliest that the mother would be in a position to care for Etta was December, 2013, and the latest was June, 2014.
The mother next argues that the court's finding that the termination of the mother's parental rights was in Etta's best interests was clearly erroneous. The mother specifically directs this court's attention to the fourth factor in § 17a-112 (k),
"In the dispositional phase of a termination of parental rights hearing, the emphasis appropriately shifts from the conduct of the parent to the best interest of the child.... It is well settled that we will overturn the trial court's decision that the termination of parental rights is in the best interest of the [child] only if the court's findings are clearly erroneous.... The best interests of the child include the child's interests in sustained growth, development, well-being, and continuity and stability of [his or her] environment.... [T]he 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 interest of the child. In arriving at this decision, the court is mandated to consider and make written findings regarding seven factors delineated in [§ 17a-112 (k)].... The seven factors serve simply as guidelines for the court and are not statutory prerequisites that need to be proven before termination can be ordered.... There is no requirement that each factor be proven by clear and convincing evidence." (Internal quotation marks omitted.) In re Alison M., 127 Conn.App. 197, 211, 15 A.3d 194 (2011).
On the basis of our review of the record in the present case, the trial court's decision with respect to the best interests of the child was not clearly erroneous. At the time of the decision, Etta already had been in four placements since coming into the commissioner's care. Dr. Green stated in his report that, with respect to the bond between the mother and Etta, "[E]tta appeared to have positive feelings for both her parents and certainly related well to them.... There is an ongoing parent/ child relationship in the minds of each parent but I do not know if a similar relationship exists in Etta's mind as Etta is too young an age to verbalize adequately the extent to which she possesses those feelings...." Based upon his evaluations, however, Dr. Green concluded that "it is in Etta's best interests that she remain with her current foster parents with permanency in mind." Dr. Green also opined that Etta is at high risk if she were returned to the mother, and provided extensive testimony
We now turn to the mother's claims as to Queensara. Before addressing the mother's claims, we first set forth the procedures governing neglect proceedings. "Neglect proceedings, under ... § 46b-129, are comprised of two parts, adjudication and disposition.... During the adjudicatory phase, the court determines if the child was neglected. Practice Book § 35a-7 (a) provides in relevant part: In the adjudicatory phase, the judicial authority is limited to evidence of events preceding the filing of the petition or the latest amendment.... [General Statutes § 46b-120 (6)] provides that a child may be found neglected if the child is being denied proper care and attention, physically, educationally, emotionally or morally, or is being permitted to live under conditions, circumstances, or associations injurious to the well-being of the child or youth ...." (Internal quotation marks omitted.) In re Ja-lyn R., 132 Conn.App. 314, 318, 31 A.3d 441 (2011).
The mother contends that there was insufficient evidence from which the trial court could conclude that it is more likely than not that Queensara would be permitted to live under conditions, circumstances or associations injurious to Queensara's well-being. In support, she cites to our Supreme Court's discussion of predictive neglect in In re Joseph W., 305 Conn. 633, 46 A.3d 59 (2012). She also argues that the court failed to make findings whether she was willing to care for Queensara independently of the father. We are not persuaded.
As we previously have established, "[a]ppellate review of a trial court's findings of fact is governed by the clearly erroneous standard of review." (Internal quotation marks omitted.) In re Haley B., 81 Conn.App. 62, 65, 838 A.2d 1006 (2004). "[Connecticut] statutes clearly and explicitly recognize the state's authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected.... The doctrine of predictive neglect provides that [t]he department, pursuant to [§ 46b-120], need not wait until a child is actually harmed before intervening to protect that child.... This statute clearly contemplates a situation where harm could occur but has not actually occurred." (Citations omitted; internal quotation marks omitted.) In re Ja-lyn R., supra, 132 Conn.App. at 319, 31 A.3d 441.
Our review of the record and trial transcript reveals that there was testimony and other evidence to support the trial court's finding of neglect. As we have previously noted, the record establishes that there was a significant history of domestic violence between the mother and the father, which included an altercation a few months prior to Queensara's birth
In support of her assertion that the court failed to make findings as to whether she was willing to care for Queensara independently of the father, the mother points to In re Joseph W., supra, 305 Conn. at 633, 46 A.3d 59 specifically: "[I]n neglect proceedings involving the doctrine of predictive neglect, the petitioner is required to meet this standard with respect to each parent who has contested the neglect petition and who has expressed a desire, or at least a willingness, to care for the child independently of the other parent." (Emphasis in original.) Id., at 646, 46 A.3d 59. In that case, however, our Supreme Court went on to hold: "If the parents have indicated that they intend to care for the child jointly ... or if the trial court discredits a parent's claim that he or she intends to care for the child independently, the trial court may treat the parents as a single unit in determining whether the petitioner has met its burden of proving predictive neglect." Id., at 647-48, 46 A.3d 59.
In the present case, the mother has not directed this court to any evidence that she expressed a desire, or at least a willingness, to care for Queensara independently of the father. In fact, our review of the record reveals that the mother and the father were married before Etta's birth, that they were residing together at the time of the neglect proceeding,
Finally, the mother challenges as a clear abuse of discretion the court's finding that committing Queensara to the care and custody of the department is in Queensara's best interests.
As our review of the evidence before the trial court reveals, there were ample facts from which the court could conclude that it was in the best interest of Queensara to commit her to the care and custody of the commissioner until further order of the court. The mother and the father had engaged in multiple domestic violence incidents prior to Queensara's birth. The court acknowledged that the mother successfully completed domestic violence counseling at 4Cs; however, it found that she still needed to continue to follow through with her mental health counseling and supervised visits with Queensara in order to demonstrate to the court that it would be in Queensara's best interest to be returned home. The department did attempt a reunification program with Queensara and the mother through the R Kids program, but stopped supervised visits in July, 2012, without recommending reunification. R Kids reported that (1) the parents were unable to understand Queensara's emotional needs; (2) the negative effects of the visits on Queensara need to be addressed; and (3) the mother and the father require intensive therapeutic family services. Dr. Green also testified that the mother had not sufficiently rehabilitated enough to care for herself, let alone a small child. Accordingly, it was not unreasonable for the court to conclude that it was in Queensara's best interest to commit her into the care and custody of the department until further order of the court.
The judgments are affirmed.
In this opinion the other judges concurred.