In re Aurora H.
| Docket Number | AC 46330 |
| Decision Date | 06 November 2023 |
| Parties | IN RE AURORA H. ET AL.[*] |
| Court | Appellate Court of Connecticut |
1
IN RE AURORA H. ET AL.[*]
No. AC 46330
Court of Appeals of Connecticut
November 6, 2023[**]
Argued September 14, 2023.
Procedural History
Petition by the Commissioner of Children and Families to terminate the respondents' parental rights with respect to their minor child Jueliexa H., and petition by the Commissioner of Children and Families to terminate the respondent mother's parental rights with respect to her minor child Aurora H., brought to the Superior Court in the judicial district of New Britain, Juvenile Matters, and tried to the court, Daniels, J.; judgments terminating the respondents' parental rights as to Jueliexa H. and the parental rights of the respondent mother as to Aurora H., from which the respondent mother appealed to this court. Affirmed.
Matthew C. Eagan, assigned counsel, for the appellant (respondent mother).
Blake T. Sullivan, assistant attorney general, with whom, on the brief, were William Tong, attorney general, and Jammie L. Middleton and Evan M. O'Roark, assistant attorneys general, for the appellee (petitioner).
Moll, Suarez and Seeley, Js.
OPINION
SUAREZ, J.
The respondent mother, Alexandrea B., appeals from the judgments of the trial court, rendered in favor of the petitioner, the Commissioner of Children and Families, terminating her parental rights as to her children, Aurora H. (Aurora) and Jueliexa H. (Jueliexa).[1] On appeal, the respondent claims that (1) the court erred in concluding that she had failed to achieve a sufficient degree of personal rehabilitation within the meaning of General Statutes § 17a-112,[2] and (2) § 17a-112 (j) (3) (B), as applied to the respondent, is void for vagueness and, therefore, violates federal due process principles. We affirm the judgments of the trial court.
The following facts, as found by the court or otherwise undisputed, and procedural history are relevant to our resolution of the respondent's claims on appeal. Aurora was born in April, 2019. "On [the day of her birth], a hospital social worker contacted the [Department of Children and Families (department)], reporting that both the [respondent] and Aurora tested positive for marijuana and that [the respondent] had reported a history of being homeless. The [petitioner] invoked a ninety-six hour hold on behalf of Aurora on April 15, 2019." On April 18, 2019, the petitioner filed a motion for an order of temporary custody and a neglect petition as to Aurora. "On April 22, 2019, [Aurora] was placed with a fictive kin foster mother (the former wife of the father's uncle), with whom she still resides."
"On April 26, 2019, the court, Abery-Wetstone, J., sustained the order of temporary custody by agreement of the parties." The court ordered specific steps for the respondent to take to facilitate reunification with Aurora, including "[n]ot [to] get involved with the criminal justice system." "On September 30, 2019, both parents entered nolo contendere pleas, and the court, Hoffman, J., entered an adjudication of neglect. On January 16, 2020, when Aurora was nine months old, the [petitioner] filed a motion for review of [the] permanency plan, proposing a plan of termination of parental rights and adoption. On January 29, 2020, before a hearing could be held on the permanency plan, the [petitioner] filed its petition for termination of parental rights. The [respondent's] attorney filed an objection to the permanency plan on February 14, 2020, but withdrew it on February 26, 2020, at the initial plea hearing on the termination petition. The [respondent] entered a pro forma denial to the termination petition on that date and indicated her intention to contest the termination petition. The permanency plan of termination of parental rights and adoption was approved by the court, Hoffman, J., on that date."
Jueliexa was born in May, 2020. "A referral was made to [the department] at the time of Jueliexa's birth due to concerns that Aurora remained in [the department's]
care, that [the respondent] used marijuana during the pregnancy and had limited prenatal care. The [petitioner] invoked a ninety-six hour hold on behalf of Jueliexa on May 12, 2020." On the same day, Jueliexa was placed with the same foster parent as Aurora. On May 15,2020, the petitioner filed a motion for an order of temporary custody and a neglect petition as to Jueliexa. "On June 22, 2020, the court, Hoffman, J., sustained the order of temporary custody by agreement of the parties." The court also ordered specific steps for the respondent to take to facilitate reunification with Jueliexa, including an identical step not to get involved with the criminal justice system.
On June 16, 2021, a consolidated trial commenced on the petition to terminate the respondent's parental rights as to Aurora and on the neglect petition as to Jueliexa. After the trial concluded, the court, Huddles-ton, J., entered an adjudication of neglect as to Jueliexa and the court reserved judgment on the petition to terminate the respondent's parental rights as to Aurora.
"On July 21, 2021, following the trial, but prior to the court's decision, the department became aware of the following post on [the respondent's] Facebook page: 'The fact that white privilege is still a thing disgusts me, [s]ince my [Baby Daddy] is white and I'm black he has more saying towards my children. . . . Yet [h]e signed a TPR and hasn't been around in over a year. . . . Alyssa Jasunas[3] count your days cause I'm taking this to court. F*** you and your white privileges.' [The respondent] then made an additional post stating: 'Truthfully ready to give up and just kill myself . . . my opinion and my choice don't matter going MIA again.' Following the suicidal statement, the department went with the New Britain Police Department to conduct a well[ness] check on [the respondent]. [The respondent] opened her door and stated: 'What did I do now Alyssa? If you want me to sign the TPR, I'll just do it' It was recommended that [the respondent] attend a mental health evaluation and medication assessment, which [the respondent] did not accept." (Footnote added.) On September 27, 2021, the [petitioner] filed a petition to terminate the parental rights of the respondent as to Jueliexa.
On October 13,2021, the court, Huddleston, J., denied the petitioner's petition to terminate the respondent's parental rights as to Aurora. The court reasoned that, "despite the mother's failure to comply fully with her specific steps, she had made substantial progress in addressing the causes of removal. She was employed and had an apartment of her own. She was reported to be in remission from substance abuse disorder and had successfully completed a relapse prevention program without recommendations for further treatment. She appeared to have freed herself from her relationship with the child's father."
Following the court's denial of the termination of parental rights petition as to Aurora, the petitioner withdrew the petition to terminate the respondent's parental rights as to Jueliexa. Thereafter, the department and the respondent met to discuss next steps toward reunification of the respondent with Aurora and Jueliexa. At the meeting, the department recommended that the respondent complete a mental health evaluation, and, if appropriate, the department would refer her to therapeutic family time. "[The respondent] indicated that she would attend the recommended mental health intake and medication assessment. ... In addition, [the respondent] stated that she understood that she needed to notify the department if she entered into any romantic relationships and to inform the department if she was living with anyone. These disclosures were necessary so that the department could be sure that the children would be safe in [the respondent's] care."
On November 24, 2021, the respondent was arrested and charged with carrying a pistol without a permit in violation of General Statutes § 29-35 (a); interfering with an officer in violation of General Statutes § 53a-167a; conspiracy to commit robbery in the first degree in violation of General Statutes §§ 53a-48 and 53a-134 (a) (4); and conspiracy to commit larceny in the sixth degree in violation of General Statutes §§ 53a-48 and 53a-125b. The department learned of the respondent's arrest because she missed a supervised visit with the children, prompting a review of the Department of Correction's public website. "The police report, which was entered into evidence at the trial, indicates that during contact with the police, [the respondent] provided the police with a false name. The report also indicates that the [respondent] was found to be in possession of an unregistered handgun. According to the police report, [the respondent] was arrested with Alex Vieira, who, at the time of the arrest, was a convicted felon. [Vieira] was described as [the respondent's] boyfriend."
On December 22, 2021, the court, C. Taylor, J., entered an order suspending the respondent's reunification efforts until further order of the court. The court stated that "[i]f any party wants to restart the reunification services, they may come before the court to petition to have them restarted." The court also ordered new specific steps for the respondent as to Aurora, including the provision "[n]ot [to] break the law, which could impact your ability to care for your child(ren)." On July 5, 2022, the petitioner filed the current termination of parental rights petitions for both Aurora and Jueliexa.[4]
"On July 31, 2022, the [respondent] called the police on her then live-in boyfriend [Cyquan Navarro]. Apparently, the boyfriend showed up at [the respondent's] apartment intoxicated with two friends that [the respondent] indicated were involved in the illegal sale of narcotics. The boyfriend entered the apartment though
a window, and he got in a verbal argument with the [respondent]. Some shoving ensued, and, at...
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