DiPENTIMA, C.J.
The respondent mother appeals from the judgment of the trial court committing her minor child Ja-lyn R. to the custody of the petitioner, the commissioner of the department of children and families (commissioner).
The following facts and procedural history are relevant to this appeal. On January
On February 23, 2010, the respondent agreed to the order of temporary custody. On March 4, 2011, the court denied the respondent's motion to vacate the order. On March 4, 2011, after a trial, the court determined that Ja-lyn was a neglected child and committed him to the custody of the commissioner. The court found that the respondent had been working with the department since the birth of her older child. The court found that the respondent's history confirmed that "even after taking advantage of offered services [the respondent] has been unable to safely care for [her children]. [The respondent's] history is that she manages to successfully complete the work required for reunification, but fails to apply what she has learned when given the opportunity." The court concluded that the respondent "must make a commitment to cooperate with [the department] and any offered services to earn reunification with her children." Accordingly, the court adjudicated Ja-lyn neglected and committed him to the custody of the commissioner. This appeal followed.
Before addressing the respondent's claims, we first set forth the procedures governing neglect proceedings. "Neglect proceedings, under . . . [General Statutes] § 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 (9)] 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. . . . The standard of proof applicable to nonpermanent custody proceedings, such as neglect proceedings, is a fair preponderance of the evidence." (Citation omitted; internal quotation marks omitted.)
The respondent first claims that there was insufficient evidence to support the court's determination of neglect. We disagree.
We begin our analysis by setting forth the applicable standard of review. "When considering a challenge to the sufficiency of the evidence, the function of an appellate court is to review the findings of the trial court, not to retry the case. . . . [W]e must determine whether the facts set out in the memorandum of decision are supported by the evidence or whether, in light of the evidence and the pleadings in the whole record, those facts are clearly erroneous. . . . We also must determine whether those facts correctly found are, as a matter of law, sufficient to support the judgment. . . . [W]e give great deference to the findings of the trial court because of its function to weigh and interpret the evidence before it and to pass upon the credibility of witnesses. . . ." (Internal quotation marks omitted.) Id., at 824, 2 A.3d 13.
"Our 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. . . . General Statutes § 17a-101 (a) provides: The public policy of this state is: To protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good child care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes to require the reporting of suspected child abuse or neglect, investigation of such reports by a social agency, and provision of services, where needed, to such child and family." (Citation omitted; emphasis in original; internal quotation marks omitted.) In re T.K., 105 Conn.App. 502, 511-12, 939 A.2d 9, cert. denied, 286 Conn. 914, 945 A.2d 976 (2008). 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."
Here, the department took custody of Ja-lyn before he left the hospital. The commissioner filed a neglect petition on behalf of Ja-lyn and obtained an order of temporary custody just six days after his birth. The court concluded, however, that an adjudication of neglect was warranted on the basis of, among other things, the respondent's prior history with the department and her unresolved anger management issues. See, e.g., In re Kamari C-L., supra, 122 Conn.App. at 826-27, 2 A.3d 13 (applying predictive neglect where child was three days old at time of neglect petition, where respondent had long history with department relating to care of her eldest child). The court referenced the testimony of Mary Howard, a social worker for the department, who stated the following at trial: "At the time of Ja-lyn's
The court expressed concern that the respondent's anger management issues posed a risk to the welfare of Ja-lyn, stating: "[The respondent] has neither completed her specific steps [nor] learned to contain her characteristic outbursts at this time."
The court noted the respondent's prior arrests for assault in the third degree and for assault in the third degree and risk of injury.
The court also noted the criminal record of Ja-lyn's father and the history of domestic
We conclude, on the basis of the record in this case, that there was sufficient evidence, as a matter of law, from which the court reasonably could have determined Ja-lyn to be a neglected child.
The respondent also claims that the court improperly concluded that it was in the best interest of Ja-lyn to commit him to the care of the commissioner. We disagree.
We first set forth the applicable standard of review. "[W]hen making the determination of what is in the best interest of the child, [t]he authority to exercise the judicial discretion under the circumstances revealed by the finding is not conferred upon this court, but upon the trial court, and . . . we are not privileged to usurp that authority or to substitute ourselves for the trial court. . . . A mere difference of opinion or judgment cannot justify our intervention. Nothing short of a conviction that the action of the trial court is one which discloses a clear abuse of discretion can warrant our interference. . . . In determining whether there has been an abuse of discretion, the ultimate issue is whether the court could reasonably conclude as it did." (Internal quotation marks omitted.) In re Haley B., 81 Conn.App. 62, 67, 838 A.2d 1006 (2004).
After an adjudication of neglect is made, "a court may (1) commit the child to the commissioner, (2) vest guardianship in a third party or (3) permit the parent to retain custody with or without protective supervision. General Statutes § 46b-129 (j)." In re Brianna C., supra, 98 Conn. App. at 804, 912 A.2d 505. In determining the disposition portion of the neglect proceeding, the court must decide which of the various custody alternatives are in the best interest of the child. "To determine whether a custodial placement is in the best interest of the child, the court uses its broad discretion to choose a place that will foster the child's interest in sustained growth, development, well-being, and in the continuity and stability of [the child's] environment." (Internal quotation marks omitted.) Id.
Here, the court committed Ja-lyn to the custody of the commissioner after finding that the respondent was unable to care for him safely on the basis of the respondent's prior history with the department, her anger management issues and her inability to work with the department to improve her parenting skills. The court noted, but did not explicitly credit, the testimony of Howard, who expressed "concerns about sexual/physical abuse, domestic violence, [and] criminal activity . . . ."
We conclude that the court did not abuse its discretion in determining that it was in the best interest of Ja-lyn to commit
The judgment is affirmed.
In this opinion the other judges concurred.