PETERS, J.
These consolidated appeals arise out of a judgment appointing the commissioner of the department of children and families to be the statutory parent of a child with multiple severe disabilities. As in similar cases; see, e.g., In re Christina M., 90 Conn.App. 565, 566-67, 877 A.2d 941 (2005), aff'd, 280 Conn. 474, 908 A.2d 1073 (2006); the issue is not the deep and abiding love of the family members for the child, but whether they have the capacity to provide for her special needs. The child's mother and grandmother appeal from the judgment of the trial court concluding that the commissioner had established the adjudicatory and dispositional grounds for termination of the mother's parental rights pursuant to General Statutes § 17a-112 and that the intervening grandmother had failed to establish that she would be a suitable guardian for the child. We affirm the judgment of the court.
On July 22, 2009, the petitioner, the commissioner of the department of children and families, brought an action to terminate the parental rights of the mother and the father to their minor child, Valerie G. With the mother's consent, Valerie previously had been committed to the custody of the department of children and families (department) as a neglected child. Valerie's maternal grandmother filed a motion to intervene in the proceedings, which was granted by the court on March 25, 2009. On April 1, 2010, the grandmother filed a motion to transfer guardianship of Valerie to herself. On September 30, 2010, after a five day evidentiary hearing,
In her appeal, AC 33344, the mother claims that the court (1) improperly found that the petitioner had made reasonable efforts to reunify her with Valerie, (2) improperly found that she had failed to achieve sufficient rehabilitation and (3) abused its discretion when it denied the grandmother's motion for transfer of guardianship. In her appeal, AC 33353, the grandmother challenges the court's denial of (1) her motion to transfer guardianship and (2) her motion to open the dispositional phase of the termination proceedings. We affirm the judgment of the court.
The centerpiece of the mother's appeal is her contention that, in the adjudicative phase of the termination proceedings, the court improperly found that the petitioner had proven, by clear and convincing evidence, that the mother had failed to achieve rehabilitation such that she, in the foreseeable future, could take responsibility for Valerie. In support of its judgment granting the termination petition, the court found that, despite the mother's unquestioned devotion to her daughter, she lacked the requisite cognitive skills and mental health to be a full-time, unsupervised caretaker for Valerie because of Valerie's special medical and psychological needs.
"Our standard of review on appeal from a termination of parental rights is limited to whether the challenged findings are clearly erroneous.... A finding is clearly erroneous when either there is no evidence in the record to support it, or the reviewing court is left with the definite and firm conviction that a mistake has been made.... [G]reat weight is given to the judgment of the trial court because of [the trial court's] opportunity to observe the parties and the evidence.... [An appellate court does] 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." (Internal quotation marks omitted.) In re Sole S., 119 Conn.App. 187, 191, 986 A.2d 351 (2010).
The court's memorandum of decision describes the petitioner's efforts to reunite the mother with Valerie. The court found that, in New York and in this state, the mother repeatedly had been offered mental health treatment, substance abuse treatment and parenting education classes. The court further found that the mother "continues to be resistant" to the psychiatric and medical support that has been offered to her. The petitioner did not assist her in finding housing because she continued to live with a man whom the department found unsuitable because of his violence and his drug use.
Without disputing the accuracy of the court's factual findings, the mother contests the propriety of the petitioner's timing in filing the petition for termination of her parental rights and the adequacy of the reunification efforts that followed. The mother contends that the petitioner improperly initiated the termination proceedings too soon after her discharge from inpatient hospital treatment for severe mental illness in New York and her subsequent relocation to this state in June, 2009, so as to be in geographical proximity to Valerie.
In addition, the court made specific findings about the mother's conduct later in 2009 that supported the timing of the petitioner's pursuit of the termination petition. The mother does not dispute the accuracy of findings that she repeatedly was unsuccessful in her attempts to parent Valerie and was not steadfast in her pursuit of mental health counseling. In light of the urgency of stabilizing Valerie's care, the petitioner cannot be faulted for proceeding with the termination petition when she did.
Alternatively, the mother claims that the petitioner's attempts to reunify her with Valerie were "insufficient as a matter of law." She maintains that, because the department was aware of her significant cognitive and psychological deficits, it was required to do more than to provide her with access to remedial services. She argues that, under these circumstances, the department should have taken proactive steps on her behalf, such as providing assistance in finding adequate housing and suitable employment.
In support of this contention, the mother cites In re Vincent B., 73 Conn.App. 637, 809 A.2d 1119 (2002), cert. denied, 262 Conn. 934, 815 A.2d 136 (2003). That case is distinguishable, however, in that it involved a decision by the department to cut off all services to the respondent father. Id., at 643, 809 A.2d 1119. Nothing in that case establishes an obligation for the petitioner to take on the role of a conservator. To the contrary, with respect to termination proceedings involving a child with special needs, our case law has upheld the authority of a trial court to draw an adverse inference from a parent's failure to access mental health services that might have enabled the parent to assist in the care of the child. See In re Alexander T., 81 Conn.App. 668, 673-76, 841 A.2d 274, cert. denied, 268 Conn. 924, 848 A.2d 472 (2004). We are persuaded, therefore, that the court correctly concluded that the petitioner made reasonable efforts to reunify Valerie with her mother in accordance with § 17a-112 (j)(1).
The court further found, pursuant to § 17a-112 (j)(3)(B)(ii),
The mother maintains that the court did not attach sufficient significance to her substantial progress in personal rehabilitation. She testified at the evidentiary hearing that she was taking her required medications and was making progress
The record reveals, however, that there was substantial evidence on which the court could rely in support of its finding to the contrary. During the evidentiary hearing, Stephanie Stein Leite, an expert in child psychology, testified that the mother had only a superficial understanding of her mental health problems and lacked the ability to care for a special needs child such as Valerie. Consistent with this expert testimony, the court noted that the mother's participation in mental health counseling had become "increasingly sporadic" after the fall of 2009 and that she had moved to Connecticut with no plans as to how she would support herself, "apparently relying on her fiance, whom she had accused of violence towards her in the past, and whom she acknowledges has substance abuse issues." The court noted further that, during these termination proceedings, the mother "became emotional and somewhat out of control on several occasions." We are persuaded, therefore, that the trial court's adverse determination must be sustained.
In sum, in the mother's appeal, we conclude that the judgment of the court terminating the mother's parental rights must be affirmed.
Both the mother and the grandmother have appealed from the judgment of the court denying the grandmother's motion to transfer guardianship. In support of its judgment denying the motion, the court found that, despite her great love for Valerie, the grandmother lacked a fundamental understanding of, and ability to care properly for, Valerie's substantial special needs. The grandmother challenges this finding, claiming that the court's denial of her motion for transfer of guardianship constituted an abuse of discretion.
In this case, the court found that the grandmother "is not a suitable person in whom to vest the guardianship of this medically complex child." Specifically, the court found that "[i]f Valerie did not suffer from Turner's Syndrome, [the grandmother] would, in all likelihood be an appropriate caregiver. However.... Valerie is a special needs child. She needs to have a
To assist in the assessment of the grandmother's capacity to become a possible placement resource for Valerie and to take account of her greater fluency in Spanish as opposed to English, the department arranged for the grandmother to be interviewed by Rudolfo J. Rosado, a Spanish-speaking and "culturally competent" psychologist. Rosado informed the court that the grandmother "lacked comprehension and understanding," which "raised doubt regarding the extent of [the grandmother's] cognitive capabilities." Rosado described the grandmother's overall score on a nonverbal test of intelligence as falling within the mild range of mental deficiency. At the evidentiary hearing, he opined that "the results of the evaluation created questions about [the grandmother's] ability to understand, follow through and effectively partner with the professionals that would be involved in Valerie's life." The court observed that Rosado's testimony "echoed the department's concerns that [the grandmother] did not appear to understand, or retain, information provided to her by the department."
The grandmother does not contest the accuracy of Rosado's assessment or the propriety of the court's reliance thereon. Instead, she claims that the court abused its discretion by considering only Rosado's ultimate findings and not the specific remedial recommendations that he had made to the department.
In light of the substantial evidence that the petitioner presented to document the grandmother's strengths and weaknesses, we are not persuaded that the department was obligated to conduct the additional evaluations of the grandmother that Rosado had suggested. In its memorandum of decision, the court noted numerous instances in the record that demonstrated the grandmother's limited intellectual capacity and raised reasonable doubts about her ability to care for Valerie's specialized medical needs. This evidence included the grandmother's lack of awareness of Valerie's learning disabilities, her potential heart problems and her risk of developing diabetes. The court further noted that Rosado and department personnel had had difficulty communicating with the grandmother and that they had expressed their concern that the grandmother's lack of intellectual capacity and "`histrionic and emotional communication style'" prevented her from understanding and processing information necessary to care properly for Valerie. The court also relied on the fact that, at a meeting with the department concerning Valerie's special medical needs and behavioral problems, the grandmother exhibited her lack of understanding by becoming distressed and tearful and repeatedly asking why Valerie "could not come home."
Viewing this record as a whole, we are persuaded that the court carefully appraised the evidence presented by all of the parties and decided reasonably that vesting guardianship of Valerie in the grandmother was not in Valerie's best interest. Its ruling on both the mother's appeal and the grandmother's appeal must, therefore, be affirmed.
The grandmother also appeals from the denial of her motion to open the dispositional phase of the termination proceedings.
"Our review of a court's denial of a motion to open ... is well settled. We do not undertake a plenary review of the merits of a decision of the trial court to grant or to deny a motion to open a judgment.... In an appeal from a denial of a motion to open a judgment, our review is limited to the issue of whether the trial court has acted unreasonably and in clear abuse of its discretion.... In determining whether the trial court abused its discretion, this court must make every reasonable presumption in favor of its action.... The manner in which [this] discretion is exercised will not be disturbed so long as the court could reasonably conclude as it did." (Internal quotation marks omitted.) In re Travis R., 80 Conn.App. 777, 781-82, 838 A.2d 1000, cert. denied, 268 Conn. 904, 845 A.2d 409 (2004).
In its memorandum of decision denying the motion to open, the court noted that, despite the grandmother's claims,
In her appeal, the grandmother reiterates the claims that she unsuccessfully raised to the trial court. In our view, however, the court's reasoning is persuasive and its denial of the grandmother's motion, therefore, was not an abuse of discretion. Accordingly, the judgment of the court denying the grandmother's motion to open the dispositional phase of the termination proceedings must be affirmed.
In sum, we conclude that the trial court properly found that, despite the well-meaning and heartfelt concerns of Valerie's mother and grandmother for her wellbeing, they are unable to take primary responsibility to care for a child with needs as severe as Valerie's. Accordingly, the court properly terminated the mother's parental rights and properly denied the grandmother's petition to become the child's guardian.
The judgment is affirmed.
In this opinion the other judges concurred.
Valerie requires the use of bilateral hearing aids. In addition to the "substantial risk" of diabetes, high blood pressure, cardiac problems, cataracts, osteoporosis, thyroid and kidney problems attendant to Turner syndrome, Valerie has experienced numerous developmental delays that have affected her adaptive, cognitive and communicative skills. Valerie is a special education student. She has been assessed to have a full scale IQ of 70, which is in the borderline range of functioning. Her expressive and receptive language skills were assessed as being below expectation for her age. Valerie also has "`a significant history of behavioral concerns,'" including aggressive and violent behavior. "She requires one-to-one assistance within a classroom setting and far more supervision within her home environment than what might be expected for a child her age."
As amended by No. 09-185, § 3 of the 2009 Public Acts (effective June 29, 2009), General Statutes § 46b-129 (d) provides, in relevant part: "(1)(A) If not later than thirty days after the preliminary hearing, or within a reasonable time when a relative resides out of state, the Commissioner of Children and Families determines that there is not a suitable person related to the child or youth by blood or marriage who can be licensed as a foster parent or serve as a temporary custodian ... any person related to the child or youth by blood or marriage may file, not later than ninety days after the date of the preliminary hearing, a motion to intervene for the limited purpose of moving for temporary custody of such child or youth.... (2) Upon the granting of intervenor status to such relative of the child or youth, the court shall issue an order directing the Commissioner of Children and Families to conduct an assessment of such relative and to file a written report with the court not later than forty days after such order, unless such relative resides out of state, in which case the assessment shall be ordered and requested in accordance with the provisions of the Interstate Compact on the Placement of Children, pursuant to section 17a-175...."
In its memorandum of decision denying the grandmother's motion to transfer guardianship, the court noted that the petitioner had conducted an assessment of the grandmother for the purpose of evaluating her as a possible placement resource for Valerie. The court denied the motion on the ground that the grandmother is "not a suitable person in whom to vest the guardianship of this medically complex child." The court's finding that the grandmother was not a "suitable person" in whom to vest guardianship of Valerie foreclosed the possibility that Valerie would be transferred out of this state. Whether such an adverse finding obviates the need for an interstate compact study; see In re Yarisha F., 121 Conn.App. 150, 156-57, 994 A.2d 296 (2010); is an issue that we need not address because the governing statute came into effect at a date subsequent to the filing of the grandmother's motion to intervene.
