KELLER, J.
The petitioner executed a ninety-six hour hold on J.R. at 6 o'clock in the evening on February 26, 2015. The following day, the court granted the petitioner's motion for an ex parte order of temporary custody and vested custody in the petitioner. Beginning on March 13, 2015, the court held a contested hearing on whether to continue the order, which lasted three days.
In its thorough and well reasoned decision, the court found the following facts that are relevant to this appeal. In 2012, J.R. lived with her parents, the respondent and B.R. Veronica Ron-Priola, a physician, referred to throughout the proceedings as "Dr. Ron," has been J.R.'s pediatrician since her birth. In 2012, when J.R. was seven years old, the respondent, who cleaned J.R.'s laundry regularly, began noticing stains on J.R.'s underwear. Although both of her parents knew about this, they did not bring J.R. to see Dr. Ron for treatment for two or three months. After she examined and performed tests on J.R., Dr. Ron diagnosed her with chlamydia. Dr. Ron concluded, despite J.R.'s initial denial, that she had been sexually abused, and notified both the Department of Children and Families and the respondent, who also told B.R. Dr. Ron then treated J.R.'s infection with an antibiotic that is considered curative because it is effective in 97 percent of cases. J.R. ultimately disclosed in a forensic interview that her uncle had molested her and two of her cousins — one of whom also tested positive for chlamydia — in 2012. One week after this disclosure, J.R.'s uncle fled the country. Despite her disclosures and having told her mother that she never wanted to play with her uncle again, however, J.R. never exhibited fear at the prospect of going to her aunt's and uncle's house.
In 2013, J.R., J.R.'s adult brother J, the respondent, and B.R. moved into a house together. Following B.R.'s back injury in July, 2014, B.R., as well as S.A., an aunt, began to supervise J.R. when the respondent was not at home. At about this time, J moved out of the house, although he continued to visit the family several times a week. J.T., an unrelated male adult, moved in. J briefly resumed living at the house of the respondent and B.R. for a few weeks in late 2014 or early 2015. B.A., another aunt of J.R.'s, frequently visited the home of the respondent, and A, the cousin whom J.R. identified as also having been molested by the uncle who fled, stayed overnight at the home of the respondent. In sum, S.A., J.T., B.A., J, A, the respondent, and B.R. all had access to J.R. after her 2012 chlamydia diagnosis.
J.R. had annual physical exams in 2013 and 2014. She was apparently in good health and exhibited no symptoms of a sexually transmitted disease. In September, 2014, however, J.R. reported to the respondent that she had begun having vaginal discharge and that she "felt kind of hot and moist in her private parts." The respondent checked J.R.'s underwear while doing her laundry and observed stains. The respondent reported these developments to B.R. and expressed her concern to him at some point before January 23, 2015. To alleviate her discomfort, J.R. began a pattern of changing into lighter clothing and changing her underwear twice a day.
Despite all of these changes and despite J.R.'s previous medical history, the respondent and B.R. did not seek immediate medical attention for J.R., but instead waited until February 23, 2015, when the respondent brought J.R. to her prescheduled annual physical exam with Dr. Ron. When Dr. Ron asked the respondent and J.R. "if there were any concerns," the respondent answered only that J.R. had complained of ear pain the previous evening. Dr. Ron did discover an ear infection and prescribed an antibiotic for it. The respondent did not report J.R.'s genital symptoms. On examining J.R., however, Dr. Ron discovered that she had "abundant vaginal discharge" as well as vulval redness and erosion. Confronted with these unreported symptoms, the respondent stated that the discharge had been present for one month.
On receiving medical confirmation on February 25, 2015, that J.R. had chlamydia, Dr. Ron became concerned that J.R. had again suffered sexual abuse because J.R. was very unlikely to be suffering a recurrence of her 2012 infection after treatment and after having been symptom free for about two years. Dr. Ron called the respondent and told her that J.R. had chlamydia and that chlamydia is contracted only through sexual contact. Neither the respondent nor B.R. was able or willing to explain the origin of the new condition. As she was mandated by law to do, Dr. Ron reported J.R.'s illness to the department.
Nominally, the respondent's principal claim on appeal is that the court improperly shifted to her the burden of proof with respect to the granting to the petitioner of the order of temporary custody. We disagree.
We begin our analysis with the standard of review for claims that the court has misallocated the burden of proof. "The question of whether a trial court has held a party to a less exacting standard of proof than the law requires is a legal one.... Accordingly, our review is plenary.... Similarly, plenary review applies to a question of misallocation of a burden of proof.... Furthermore, if it is not otherwise clear from the record that an improper standard was applied, the appellant's claim will fail on the basis of inadequate support in the record." (Citations omitted; internal quotation marks omitted.) In re Jason R., 306 Conn. 438, 452-53, 51 A.3d 334 (2012). "[T]he burden of proof is always on the state when it seeks to remove children from the home." In re Juvenile Appeal (83-CD), 189 Conn. 276, 295, 455 A.2d 1313 (1983).
There is no support in the court's memorandum of decision for the respondent's claim that the court shifted the burden of proof. To the contrary, the court referred explicitly at several points to the petitioner's burden of proof and to the petitioner's "substantial showing," by a fair preponderance of the evidence, that if J.R. were returned to her surroundings, she more likely than not would be subjected to immediate physical danger. The court's decision also consistently relates the petitioner's evidence to the legal grounds that the petitioner sought to establish, implying that it was the petitioner who bore the burden of establishing those grounds. Furthermore, the court cites precedent, namely, In re Kaurice B., 83 Conn.App. 519, 522-23, 850 A.2d 223 (2004), that requires the petitioner to bear the burden of proving the grounds for the granting of an order of temporary custody. Finally, the court's decision culminates unequivocally by finding that "[i]n sum, [the petitioner] has met [her] burden of proving that the [order of temporary custody] should be continued because [J.R.] was the victim of sexual abuse; acquired chlamydia as a result of the sexual abuse; and the respondent-parents are either unwilling to disclose
The substance of the respondent's principal claim appears to be that there was insufficient evidence to grant the order of temporary custody because the evidence did not show that J.R.'s 2015 infection was the result of new abuse, as opposed to a recurrence of her 2012 infection, and because even if the evidence did indicate a new infection, there was insufficient evidence to show that the individual responsible lived in J.R.'s household.
Our inquiry into the sufficiency of the evidence for granting the order of temporary custody is limited to determining whether the court committed clear error in making the statutorily required findings. In re Severina D., 137 Conn.App. 283, 291-92, 48 A.3d 86 (2012). "The proper standard of proof in a trial on an order of temporary custody is the normal civil standard of a fair preponderance of the evidence.... We note that [a]ppellate review of a trial court's findings of fact is governed by the clearly erroneous standard of review. The trial court's findings are binding upon this court unless they are clearly erroneous in light of the evidence and the pleadings in the record as a whole.... We cannot retry the facts or pass on the credibility of the witnesses.... A finding of fact is clearly erroneous when there is no evidence in the record to support it ... or when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.... With those principles in mind, we will review the evidence presented at the hearing on the [motion] for [an order] of temporary custody to determine whether the court's determination is supported by the evidence in the record." (Internal quotation marks omitted.) In re Paul O., 125 Conn.App. 212, 218, 6 A.3d 1209 (2010).
The parents' pattern of inaction with respect to J.R.'s second infection was such that the court did not commit clear error by finding that J.R. was in immediate physical danger from her surroundings and that, as a result, continuation in her home was contrary to her welfare.
Case law supports the proposition that an order of temporary custody is appropriate where, as here, a child has contracted a serious medical condition virtually certain to have originated in recent sexual abuse, yet her parent or parents neither seek prompt medical attention for her nor attempt to protect her from the abuser. In In re Cassandra C., 316 Conn. 476, 112 A.3d 158 (2015), our Supreme Court affirmed an order of temporary custody when the mother of a seventeen year old girl repeatedly either failed to facilitate or even obstructed the girl's course of treatment for Hodgkin's lymphoma. See id., at 482-87, 112 A.3d 158. In In re Felicia D., 35 Conn.App. 490, 646 A.2d 862, cert. denied, 231 Conn. 931, 649 A.2d 253 (1994), this court upheld a termination of parental rights when the mother of two young girls repeatedly allowed her daughters to interact with and be harmed by various male visitors to their home. Id., at 501, 646 A.2d 862 ("When [one of the girls] exhibited symptoms that could have resulted only from sexual abuse, the respondent defended her husband who had been left to watch the girls. While the respondent did not inflict injury on her children, she had, despite warnings, exposed them to dangerous characters and failed to protect them." [Footnote omitted.]).
In this case, the court was confronted with a nine year old child who had contracted a genital infection that could only have arisen from sexual abuse and that had caused her to suffer readily identifiable symptoms for six months. Despite these alarming developments, and despite the fact that J.R. had contracted a similar infection and had disclosed sexual abuse two years earlier, her parents each denied
The judgment is affirmed.
In this opinion the other judges concurred.
"If it appears from the specific allegations of the petition and other verified affirmations of fact accompanying the petition and application, or subsequent thereto, that there is reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from the child's or youth's surroundings, and (2) as a result of said conditions, the child's or youth's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's or youth's safety"; General Statutes § 46b-129 (b); the court is justified in granting an ex parte order of temporary custody, and, subsequently, in sustaining it after a contested hearing. See General Statutes § 46b-129 (f); Practice Book § 33a-7 (e).
Oftentimes, the facts alleged in support of the grounds for an adjudication of neglect in a neglect petition and in the accompanying summary of facts bear a significant similarity to the facts alleged in the verified affirmations of fact that accompany the application for an order of temporary custody. See General Statutes § 46b-129 (b) and (f); Practice Book §§ 33a-1 (b), 33a-6 and 33a-7.
In the present case, the court also found that it was far more likely that the sexual abuse and infection transmission to which J.R. was subject in late 2014 or early 2015 was perpetrated in her familial surroundings, and found it "highly improbable" that the abuse and infection occurred at school. It also found not credible the parents' claim that they provided J.R. with constant one on one supervision by themselves or with selected family members such that no recurrence of sexual abuse was possible.