In re Avia M


*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** APPENDIX IN RE AVIA M.* Superior Court, Juvenile Matters at New Britain File No. H14-CP16-011696-A Memorandum filed April 3, 2018 Proceedings Memorandum of decision after completed trial to court. Judgment for petitioner. Christopher N. Oakley, for the respondent mother. Amy Collins, assistant attorney general, for the peti- tioner. Lizabeth Mindera, for the minor child. Opinion HON. STEPHEN F. FRAZZINI, JUDGE TRIAL REF- EREE. Avia M., the child named above, is two years old,1 and she needs a sober, competent caretaker and a safe and stable home. Claiming that her parents can provide her with neither, on May 2, 2017, the Commis- sioner of Children and Families (commissioner) filed the pending petition to terminate their parental rights (TPR) under General Statutes § 17a-112. As statutory grounds for termination, the petition alleges, pursuant to § 17a-112 (j) (3) (B) (i), that the child was previously found neglected and that both parents have failed to rehabilitate such that they can assume a responsible position in the child’s life in a reasonable time. The petition also alleges, pursuant to § 17a-112 (j) (3) (E), that the child is less than seven years of age and neglected, and that the father has both failed to rehabili- tate and has lost parental rights as a consequence of another TPR petition for a different child. The petition further claims that termination is in the child’s best interest. Both parents appeared on the initial hearing date for the petition and, after being appointed counsel and advised of their rights, denied the allegations of the petition. Trial was then scheduled for two days in January, 2018. For the reasons discussed below, the petition is granted and the commissioner is appointed statutory parent for the child. Trial began on January 8, 2018, and evidence contin- ued for two more days. When the father, Antonio M., failed to appear on the first day of ...

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