This case addresses whether, during proceedings to commit a minor child who has been adjudicated neglected to the custody of the commissioner of children and families, a respondent parent is entitled to a competency evaluation on the basis of her counsel's stated belief that such an evaluation is warranted. The Appellate Court affirmed the judgment of the trial court committing Kaleb H., a minor child, to the custody of the petitioner, the commissioner of children and families (commissioner), after concluding that the trial court did not abuse its discretion in denying the request by counsel for Kaleb's mother, the respondent, that the respondent's competency be evaluated. In re Kaleb H., 131 Conn.App. 829, 839, 29 A.3d 173 (2011). The respondent argues following our grant of certification to appeal
The following facts and procedural history, as recounted by the Appellate Court, are relevant to the appeal. "Kaleb was born on February 25, 2005. In March, 2009, the respondent was involved in an incident of domestic violence with the father of Kaleb's siblings. Consequently, the respondent participated in various services offered by the department of children and families [department] in an effort to improve her parenting skills. On March 19, 2010, the petitioner filed a neglect petition as to Kaleb on the ground that he was being denied proper care and supervision, that his medical and educational needs were not being met, that he was exposed to domestic violence in the home and that he was being permitted to live under circumstances injurious to his well-being. On May 20, 2010, the respondent pleaded nolo contendere to the allegations of neglect. Consequently, Kaleb was adjudicated neglected, and the court
"On June 15, 2010, the petitioner invoked a ninety-six hour hold; see General Statutes § 17a-101g [f]; on Kaleb following the respondent's arrest for risk of injury to a child that stemmed from Kaleb's unsupervised absence from his home, for several hours, without the respondent's knowledge that Kaleb had left the home. On June 18, 2010, the court issued an order of temporary custody, placing Kaleb in the custody of the petitioner. On June 24, 2010, the petitioner filed a motion to modify the child's disposition from protective supervision to commitment. On June 25, 2010, on the basis of an agreement between the petitioner and the respondent, the court [Suarez, J.] sustained the order of temporary custody [pending resolution of the petitioner's motion to modify the disposition]. At that time, the respondent again was canvassed and affirmed that she understood her rights, stating that she would comply with the department's requirements to get [Kaleb] back. The court also ordered, based on an agreement of the parties, a psychological and psychiatric examination of the respondent, which was performed by Robert H. Neems, a psychologist.
"On January 3, 2011, the respondent filed a motion to revoke the commitment and a motion for a new psychological evaluation, claiming that her test was `inaccurate as it was the first time she had taken a psychological evaluation and she was overwhelmed.' In addition, the respondent claimed that she did not have ample time to counter or explain the allegations made by the petitioner and, therefore, the results of the evaluation did not `reflect an accurate portrayal of her as a parent.'
"On February 25, 2011, a hearing commenced on the respondent's motions, as well as a motion filed by Kaleb's father to transfer guardianship of Kaleb to his paternal grandmother or aunt. At the beginning of the hearing, counsel for the respondent then indicated to the court that the respondent had informed [counsel] that she never agreed that Kaleb was neglected. On that basis, counsel indicated that she was uncertain that the respondent would be able to assist in her defense. The court [Simon, J.] explained to the respondent that she had previously agreed to the neglect adjudication and the order of protective supervision. Counsel then requested that the respondent's competence be evaluated on the basis that the respondent claimed that she did not know what she was signing when she agreed to the neglect adjudication. The court indicated that it had read the psychological reports authored by Neems and that those reports did not support the claims of the respondent's incompetency. The court, however, advised counsel that she could inquire of Neems whether he had an opinion regarding the respondent's competency.
Thereafter, the court indicated that, based on its observations of the respondent during the commitment proceedings, there was nothing to suggest that she was incompetent.
The respondent argues that the Appellate Court improperly held that the trial court did not abuse its discretion in failing to order a competency evaluation. According to the respondent, the record contains specific factual allegations that, if true, raised a reasonable doubt as to her competence. Specifically, the respondent cites: her counsel's good faith request that a competency evaluation was necessary; counsel's statement that the respondent did not recall agreeing to a neglect adjudication; counsel's concern that the respondent could not understand legal concepts or assist in her defense; the respondent's limited intelligence, as reflected in the low IQ score included in Neems' report; see
In In re Alexander V., supra, 223 Conn. at 565-66, 613 A.2d 780, this court concluded that, "under certain circumstances, due process requires that a hearing be held to determine the legal competency of a parent in a termination [of parental rights] case." We emphasized that a hearing is not required in all such cases, "but only when (1) the parent's attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte. In either case, the standard for the court to employ is whether the record before the court contains specific factual allegations that, if true, would constitute substantial evidence of mental impairment.... Evidence is substantial if it raises a reasonable doubt about the [parent's] competency...."
"The trial court should carefully weigh the need for a hearing in each case, but this is not to say that a hearing should be available on demand. The decision whether to grant a hearing requires
"By definition, a mentally incompetent person is one who is unable to understand the nature of the termination proceeding and unable to assist in the presentation of his or her case." In re Alexander V., supra, 223 Conn. at 563, 613 A.2d 780. A competent client, in contrast, "is able to provide [her] counsel with the data necessary or relevant to the structuring of [her] case"; (internal quotation marks omitted) id., at 563-64, 613 A.2d 780; and "information to rebut evidence offered by the state...." Id., at 563, 613 A.2d 780. The test for competency is whether the respondent "has sufficient present ability to consult with [her] lawyer with a reasonable degree of rational understanding — and whether [she] has a rational as well as factual understanding of the proceedings...." (Internal quotation marks omitted.) Taylor v. Commissioner of Correction, 284 Conn. 433, 450, 936 A.2d 611 (2007).
We agree with the Appellate Court that the record in this case does not include specific factual allegations that, if true, would constitute substantial evidence of the respondent's mental impairment. First, the request of the respondent's counsel for a competency evaluation, even if premised on a good faith belief that the respondent would have difficulty understanding the proceedings and assisting in her defense, apparently was based largely if not exclusively on the respondent's statement to counsel that she did not recall agreeing to a neglect adjudication some nine months prior. A layperson's confusion regarding complex legal concepts, however, particularly in the context of lengthy proceedings, is commonplace, and an isolated instance of confusion does not necessarily suggest incompetence. See State v. Johnson, supra, 253 Conn. at 28 n. 27, 751 A.2d 298. Although the opinion of counsel is a factor for a court to consider in evaluating a request for a competency evaluation, the court need not accept that opinion without question and reasonably may discount it when it lacks supporting detail, or when the cited concern is not part of a larger pattern of questionable behavior. See State v. DesLaurier, 230 Conn. 572, 586-89, 646 A.2d 108 (1994). Indeed, the respondent's counsel did not state that she had concluded that the respondent lacked competency, but only that the respondent's lack of recall called into question whether the respondent could adequately assist in her defense.
Importantly, counsel in this case had only recently been appointed to represent the respondent, whereas the trial
Aside from the trial court's personal observations and findings, the record contains Neems' psychological evaluation of the respondent, which the trial court stated it had read. Although that report opined that the respondent lacked the qualities necessary to independently parent her children, make complex decisions and solve problems, we cannot say that the trial judge abused his discretion in concluding that the report does not raise a reasonable doubt as to the respondent's ability, with the assistance of competent counsel, to understand the proceedings against her and to contribute to the presentation of her case.
The respondent points specifically to her limited intellectual functioning, as evidenced by the low IQ score
The judgment is affirmed.
In this opinion the other justices concurred.