In re Avianzah R.
CourtConnecticut Appellate Court
Date FiledJuly 15, 2026
DocketAC49396
JudgeSuarez; Seeley; Palmer
StatusPublished
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Full Opinion
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In re Avianzah R.
IN RE AVIANZAH R. ET AL.*
(AC 49396)
Suarez, Seeley and Palmer, Js.
Syllabus
The respondent mother appealed from the trial court’s judgments terminat-
ing her parental rights as to two of her minor children, who previously had
been adjudicated neglected and committed to the care and custody of the
petitioner, the Commissioner of Children and Families. The mother claimed
that the court improperly determined that she had failed to achieve a suf-
ficient degree of personal rehabilitation, as required by statute (§ 17a-112 (j)
(3) (B) (i)), as would encourage the belief that she could assume a responsible
position in the children’s lives within a reasonable period of time. Held:
The record contained sufficient evidence to support the trial court’s deter-
mination that the petitioner had proven by clear and convincing evidence
that the respondent mother failed to rehabilitate, as the court’s findings
regarding her lack of consistent engagement in individual counseling, her
inability to meet her children’s specialized needs and her failure to engage
with their therapists, which would have provided her with insight into the
children’s behavior and mental health, were amply supported by evidence
in the record, and, even if the court’s findings concerning her housing and
employment status were clearly erroneous, those findings were harmless in
light of the cumulative evidence in the record that supported the court’s
determination that she had failed to rehabilitate.
This court rejected the respondent mother’s claim that she should have been
reunited with her children once it was determined that she had not been
responsible for the death of another of her minor children, as the trial court
was bound by its prior findings in the neglect proceeding, and, as the mother
did not file an appeal challenging the adjudication of neglect, she could not
collaterally attack it in the termination of parental rights proceeding.
The respondent mother’s participation in required therapeutic and other
services did not demonstrate, as she claimed, that she had rehabilitated,
as substantial or even complete compliance with the court-ordered specific
steps aimed at reuniting her with her children did not necessitate a conclu-
sion that she had rehabilitated.
Argued May 21—officially released July 15, 2026**
*
In accordance with the spirit and intent of General Statutes § 46b-142
(b) and Practice Book § 79a-12, the names of the parties involved in
this appeal are not disclosed. The records and papers of this case shall
be open for inspection only to persons having a proper interest therein
and upon order of the court.
**
July 15, 2026, the date that this decision was released as a slip opin-
ion, is the operative date for all substantive and procedural purposes.
In re Avianzah R.
Procedural History
Petitions by the Commissioner of Children and Fami-
lies to terminate the respondents' parental rights with
respect to their minor children, brought to the Superior
Court in the judicial district of Waterbury, Juvenile
Matters, and tried to the court, Torres, J.; judgments
terminating the respondents' parental rights, from which
the respondent mother appealed to this court. Affirmed.
Benjamin M. Wattenmaker, assigned counsel, for the
appellant (respondent mother).
Matthew J. Parenti, assistant attorney general, with
whom, on the brief, was William Tong, attorney general,
for the appellee (petitioner).
Opinion
SUAREZ, J. The respondent mother, Jessica R.,
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
minor children, Avianzah R. (Avianzah) and Amyaliese
R. (Amyaliese).1 On appeal, the respondent claims that
the court incorrectly determined that she had failed to
achieve a sufficient degree of personal rehabilitation
within the meaning of General Statutes § 17a-112 (j)
(3) (B) (i).2 We affirm the judgments of the trial court.
The following facts, which were found by the trial court
by clear and convincing evidence or are otherwise undis-
puted in the record, and procedural history are relevant
to this appeal. The respondent is married to Antonio R.,
and they have three children together: Amyaliese, who
1
The court also terminated the parental rights of Antonio R., the
respondent father of the children. He has not appealed from the termina-
tion of his parental rights. Accordingly, all references in this opinion
to the respondent are to Jessica R. only.
2
The attorney for the minor children filed a statement adopting the
brief of the petitioner in this appeal pursuant to Practice Book §§ 67-13
and 79a-6 (c).
In re Avianzah R.
was born in 2015; Avianzah, who was born in 2019; and
Amateo, who was born in 2021.3
The Department of Children and Families (department)
became involved with Amyaliese and Avianzah in October
2022, after Amateo had been taken to Yale-New Haven
Hospital with severe injuries that were determined to
have been caused by inflicted trauma. On October 7,
2022, the petitioner filed ex parte motions for orders of
temporary custody as to Amyaliese and Avianzah, and
neglect petitions alleging neglect and physical abuse
because, at that time, it could not be determined who had
caused Amateo’s injuries. The court granted the motions
for orders of temporary custody. Amateo died as a result
of his injuries three days later, on October 10, 2022.4
On December 8, 2022, the respondent pleaded nolo
contendere with regard to the neglect petitions, but
only as to the neglect allegations that Amyaliese and
Avianzah were “being denied proper care and atten-
tion, physically, educationally, emotionally or morally
. . . .” After a thorough canvass, the court, Torres, J.,
accepted the pleas, adjudicated Amyaliese and Avianzah
neglected and committed them to the care and custody of
the petitioner. The court also canvassed the respondent
as to the court-ordered specific steps she was required
to undertake in order to regain custody of her children
and ordered that they be made final.5
On June 4, 2024, the court approved a permanency
plan of termination of parental rights and adoption with
3
The respondent has three other children from previous relationships
who do not reside with her and are not subjects of this appeal.
4
Prior to being taken to the hospital, Amateo had been found unrespon-
sive while in the care of a babysitter, who subsequently was arrested in
connection with Amateo’s death. It is not disputed that the respondent
and Antonio R. have not been charged in connection with Amateo’s death.
5
The Judicial Branch form detailing the specific steps that the court
ordered directed the respondent to take part in counseling and to make
progress toward the identified treatment goals on the form. Below that
directive, three boxes, labeled parenting, individual, and family were
checked. In that same section, the specific steps form also contained a box
titled “Goals (specify),” which was not checked; however, immediately
next to that box, the specific steps form indicated, “see attached goals.”
In re Avianzah R.
a concurrent plan of reunification as to both children. On
August 26, 2024, the petitioner filed petitions for the
termination of the respondent’s parental rights as to both
children. As to each child, the petitioner alleged, as the
ground for termination, that the children had been found
in a prior proceeding to have been neglected, abused
or uncared for, and that the respondent had “failed to
achieve [such] degree of personal rehabilitation [as] would
encourage the belief that, within a reasonable time,
considering the age[s] and needs of the [children], [she]
could assume a responsible position in [their lives] . . . .”
The petitioner further alleged that the department had
made reasonable efforts to locate the respondent and
to reunify her with the children but that reasonable
efforts to reunify were not required because the court
had previously approved a permanency plan other than
reunification.
At trial on the petitions over several nonconsecutive
days beginning on March 27, 2025, during which the
respondent was represented by counsel, multiple wit-
nesses testified and voluminous exhibits were admitted
into evidence. On October 3, 2025, following the trial,
the court, Torres, J., issued a memorandum of deci-
sion terminating the respondent’s parental rights as to
Amyaliese and Avianzah. The court found by clear and
convincing evidence that the children had previously
been adjudicated neglected and that the respondent had
failed to rehabilitate sufficiently to satisfy the require-
ments of § 17a-112 (j) (3) (B) (i). The court also found
The file in the present case contains a copy of the respondent’s specific
steps form with an attachment that lists specified treatment goals. The
respondent, however, as discussed in part II of this opinion, claims that
she did not receive any such attachment with her specific steps.
The specific steps form further ordered the respondent, inter alia,
to “[t]ake care of the child(ren)’s physical, educational, medical, or
emotional needs, including keeping the child(ren)’s appointments with
his/her/their medical, psychological, psychiatric, or educational pro-
viders,” to “[c]ooperate with the child(ren)’s therapy, including but
not limited to Birth to Three,” and to “[c]ooperate with the service
providers recommended for parenting/individual/family counseling,
in-home support services, substance abuse assessment/treatment, and/
or intimate partner violence/domestic violence services.”
In re Avianzah R.
by clear and convincing evidence that the department
had made reasonable efforts to reunify the respondent
with the children, and that she was unable or unwilling
to benefit from the reunification services.
In its memorandum of decision, the court made the
following findings with respect to Amyaliese. “When
Amyaliese . . . was an infant, she suffered an intracranial
hemorrhage of unknown etiology. She had abnormal
eye movement and vomiting when she was admitted to
the hospital. While hospitalized, she suffered seizures.
When she was released, she [was] required to follow up
with neurology. She is diagnosed with cortical visual
impairment due to a stroke of the occipital lobe. She
has weak eye muscles and uses glasses to help keep her
eyes focused. Amyaliese . . . meets the criteria for a . . .
diagnosis of autism spectrum disorder with a severity
rating of 2 [under the American Psychiatric Association’s
Diagnostic and Statistical Manual of Mental Disorders].
“Amyaliese . . . works with a therapist at Family and
Children’s Aid and started with the agency on June 26,
2024. She is currently in third grade and has an individu-
alized education plan . . . . By the time of trial, Amyaliese
. . . had made great improvements in her interactions
with peers at school and was more verbal. Her progress
was noted to be remarkable. . . .
“Amyaliese . . . is diagnosed with autism, post-trau-
matic stress disorder and [attention deficit hyperactivity
disorder]. Amyaliese . . . is working on expressing her
emotions and working through her trauma. The modal-
ity of treatment is play therapy. They use art as a form
of expression. It is [a] modality that is often used with
children of Amyaliese’s age. The goals of therapy were
to assist her in expressing her emotion[s] and processing
events that [she has] been through. This therapy permits
children who may not have complete verbal capacity . . .
to express their emotions and process events in nonverbal
ways . . . [and] [i]n [Amyaliese’s] case, to allow her to
process her trauma and help her develop coping mecha-
nisms to better address her emotions. . . .
In re Avianzah R.
“When Amyaliese . . . first worked with . . . [therapist
Nancy] Solberg, she appeared insulated [and] would talk
to herself quite a bit. Amyaliese . . . would use different
voices, almost as if she were playing different characters.
She would repeat phrases that were not relevant to the
situation that was currently happening, often talking
to herself using her own name and different voices. The
clinician noted that Amyaliese . . . appeared to be dem-
onstrating a history of trauma.
“On October 31, 2024 . . . Solberg wrote a letter to
the department raising concerns about statements and
actions by Amyaliese . . . during her sessions. . . . Solberg
noted that, during therapy, Amyaliese . . . would act out
scenarios where she was using a different voice and would
use swear words. She would often use a deep male voice
and say things such as, ‘[d]on’t ever tell me what to do, I
could break your hand,’ and, shut the ‘F up.’ She would
also use the mother toy to say, ‘[g]uess what, Avi, guess
what, Amaya, I will never forgive you,’ ‘[w]hat’s wrong
with you?’ and, ‘[s]top it, Amaya.’ . . .
“Solberg was able to observe [Amyaliese’s] behavior
while the parents were having visits and during a period
of time when they ceased. She noted [that] during the
period of ceased visits,6 Amyaliese . . . would appear
calmer for sessions, she would not run into other rooms,
[and] she would be less aggressive in the therapeutic
space. . . . Solberg saw an increase in engagement with
Amyaliese . . . during that time. She would make eye
contact and, at times, respond to direct questions. She
6
We note that, after Amyaliese and Avianzah were committed to the
care and custody of the petitioner, the respondent initially participated
in weekly supervised visits with the children. In February 2024, the chil-
dren’s attorney filed a motion for modification of the visitation orders.
In July 2024, the parties reached an agreement to temporarily pause
visitation, and the department referred the respondent to Therapeutic
Family Time for supervised visitation services. On November 14, 2024,
the petitioner filed an emergency motion to cease visitation as to both
children, and the court held a contested hearing on the issue of visita-
tion on November 26, 2024, and on several dates thereafter. On March
21, 2025, the court ordered that supervised visits with Amyaliese be
suspended but that supervised visits with Avianzah could continue.
In re Avianzah R.
saw a decrease in negative self-talk. . . . Her drawings
evolved into pictures of fictional characters instead of
real-life individuals. Her play between figurines became
less aggressive. . . . This indicated to the clinician that
Amyaliese . . . did not need the therapeutic space to pro-
cess her trauma that had been her focus. . . .
“Once visits resumed, Solberg began to see the reverse
happening. Amyaliese . . . began to escalate her nega-
tive behaviors. . . . The clinician made a direct correla-
tion between the increase in negative reactions and the
resumption of visits with [Amyaliese’s] parents. She
assessed that the visits between Amyaliese . . . and her
biological family were retraumatizing her, leading to
decreased emotional stability.
“[Amyaliese’s] schoolteacher noticed a regression in
[her] behavior once visits were reinstated. She noted in
August of 2024 that Amyaliese . . . was happy, ready to
learn and was able to make friends. During the month
of August, visits were paused due [to] the escalating
behavior of the children. Once visits were reinstituted,
her teacher noted [that] Amyaliese . . . would bang her
head, swear and at times scream profanities. She lost
valuable education time during this period. Her behav-
ior subsided in December of 2024. This calmer behavior
coincided with the visits between the parents and children
in November of 2024 being suspended.
“Similar behavior was observed by forensic psycholo-
gist [Jessica] Biren Caverly. During an [interaction]
between Amyaliese . . . and [Antonio R.], she walked
around with her fingers in her ears, scripting the entire
time. During the interaction, [Antonio R.] was noted
to have raised his voice and become loud. Amyaliese . . .
was talking and talking the entire time. The psycholo-
gist noted that Amyaliese . . . was attempting to soothe
herself, and it became more concerning that the source
of trauma was from exposure to [Antonio R.].” (Footnote
added.)
In re Avianzah R.
The court made the following relevant findings with
respect to Avianzah. “[Avianzah] worked with Child First
due to some aggressive behaviors displayed while in the
foster home. While working with Child First, she would
engage in several play scenarios. Avianzah . . . would act
out herself or her sister getting in trouble with daddy.
She had a doll she called her brother that she would hang
. . . upside down. She would play with the toy ambulance
frequently and would make a noise that may have been
her brother’s name. Avianzah . . . would bring up her
brother almost every session, but, near the end of their
work, the brother doll turned into the foster sister and the
brother play diminished. Avianzah . . . would engage in
doctor play and would scold the therapist, and say things
like, ‘no talking, sit down, be quiet.’ During her sessions,
she would put a Band-Aid on a bear, [which] would be
representative of her brother. She would report that her
brother had hurt his head. She worked with the service
for seven months and was successfully discharged. She
is currently placed with . . . Amyaliese . . . .”
The court also made the following findings regarding
the respondent. “[The respondent] has a history with
the department as a child due to sexual abuse, having
been placed in the department’s care two to three times.
[The respondent] had a distressing time while in foster
care. . . . [The respondent] was referred to [Midwestern
Connecticut Council of Alcoholism, Inc.] for a substance
abuse evaluation several times by the department. [The
respondent] eventually attended an intake at Wellmore,
and the agency did not recommend any treatment for
substance abuse. They recommended [that the respon-
dent] continue with her individual counseling at Stokes
Counseling. She participated in visits via the [Quality
Parenting] Center. [The respondent] completed the Circle
of Security Program and the [Developing Options for
Victim Education (DOVE)] program through Safe Haven.
[The respondent] had intermittently attended therapy
but was unsuccessfully discharged in November of 2024
due to too many no-call, no-shows to her appointments.
The department offered parenting education through
In re Avianzah R.
[Parenting Support Services] and [Therapeutic Family
Time]. [The respondent] was offered weekly visitation
until November of 2024, when the court suspended visits
between the children and both parents. Although pro-
vided with the contact information for the children’s
providers, [the respondent] failed to maintain com-
munication with them to obtain updates regarding the
children.”
In light of the foregoing findings, the court concluded,
in the adjudicatory phase of the termination of parental
rights proceeding, that the petitioner had demonstrated
by clear and convincing evidence that the respondent
was unable or unwilling to benefit from the reunification
efforts of the department. The court stated that, follow-
ing the respondent’s psychological evaluation, “it was
clear that she needed to work with an individual therapist
to process her historical trauma in order to be a resource
for her children. However, she was unable to maintain
the consistency in therapy necessary to achieve those
goals. Further, she did not appear to have the capacity to
understand the children’s needs. Evidence of her visits
demonstrated someone detached from her children and
unable to work and interact with them in a meaningful
way. She was inconsistent with services, with visits, and
even had irregularities in her housing and employment.
This does not begin to assess whether she has the ability
to digest the information needed to successfully reunify,
as she is disengaged from treatment.” The court further
found that a permanency plan other than reunification
was approved by the court in June 2024 for termination
of parental rights and adoption.
The court also found that the respondent had failed
to achieve a sufficient degree of personal rehabilitation
as would encourage the belief that, within a reasonable
time, considering the ages and needs of the children,
she could assume a responsible position in her children’s
lives. The court noted that the basis for the removal of
Amyaliese and Avianzah “emanated from the injury and
subsequent death of their younger sibling. An order of
In re Avianzah R.
temporary custody was taken and, at a later date, the
children were adjudicated neglected by the court, where
they were found to have been denied proper care and
attention either morally, physically, or educationally.
Neither parent admitted to causing harm to [Amateo],
nor were the surviving children adjudicated by the court
on any charges of abuse. What stands before the court is
an allegation that [the respondent] failed to rehabilitate.
Specific steps were issued. A subsequent court-ordered
evaluation was conducted, and . . . recommendations
[were made] to [the respondent] to achieve reunification.
The issue of whether [the respondent] committed an act
that led to [Amateo’s] death is not before the court. The
issue, consistent with the statute, is whether the parents
are able to take a responsible position in the children’s
lives, considering their age[s] and needs.” (Emphasis
added.)
As to the respondent, the court stated that, “initially,
[she] made strides toward completing her specific steps.
Referrals were made for therapy in February of 2023.
[The respondent] began services in April of 2023 with
[therapist Tracy LaChapelle]. Her therapeutic goals were
to process the loss of [Amateo] and work through the grief
of having her other children removed. She was engaged
from April of 2023 through November of 2023, and then
[was] not engaged again until February of 2024 and [was]
unsuccessfully discharged in November of 2024. [The
respondent] claimed [that] there was an insurance issue;
however, it was resolved in December of 2023. The social
worker did send monthly texts to follow up on services
and met with both parents after visits to remind them
of the progress that needed to be made. Information was
provided to the parents regarding the children’s provid-
ers and educators. Neither parent engaged with them in
any meaningful way.
“[The respondent] was referred to the Safe Haven
DOVE program and successfully completed it. She was
discharged from therapy in November of 2024 for several
no-call, no-shows, despite expectation letters outlining
In re Avianzah R.
the need for individual counseling. She is not currently
engaged in therapy. Neither parent developed a relation-
ship with the children’s providers or educators. This was
an important step for them to better understand their
children’s needs and development. Family therapy could
not begin until each parent made meaningful progress
while in individual therapy to assure that each parent
was stable.
“At the time of the filing of the petition[s], [the respon-
dent] was engaged in therapy, but not consistently. Her
housing was an issue. [The respondent] was behind in her
rent and whether she could maintain her housing was
uncertain. Stable housing would have been a necessary
component to move toward rehabilitation. At the time,
[the respondent] did not have consistent employment.
The ability to financially meet [her needs] and her chil-
dren’s needs would have been critical prior to consider-
ing reunification. She had missed one [planning and
placement team meeting] for Amyaliese . . . a meeting to
understand and assist with her educational needs. She
missed a second meeting, arriving five minutes before
the meeting ended. Amyaliese . . . carries a diagnosis of
autism. She requires a specialized educational plan to
meet her needs. Understanding and being able to navigate
[Amyaliese’s] specialized needs would have been critical
for reunification. When [the respondent] failed to regu-
larly attend meetings, she was unable to demonstrate
her ability to take on a parenting role for Amyaliese . . . .
“[The respondent] had not engaged with the children’s
therapists, something the department encouraged both
parents to do. This was a critical piece to work through
the negative behaviors they had exhibited during visits.
This communication would have provided insight to the
parents on the behavior of the children and their current
state of mental health. [The respondent’s] failure to
engage and develop a relationship with the therapists did
not create a belief that she was ready to take on a parent-
ing role. During visits, [the respondent] had appeared
fifteen to twenty minutes late for some visits and had
In re Avianzah R.
missed several other visits. In February of 2024, the psy-
chologist raised concerns about the interaction between
parents and children, noting the need for therapy. This
was going to be a critical piece toward reunification.
Unfortunately, [the respondent] was unable to achieve
the movement necessary to meet the [children’s] needs.
Based on the concerns raised by the visiting supervisors,
the visits with the children needed to be paused until a
skilled supervisor could attend the visits to minimize
the negative impact parental visits were having on the
children. At the time of the filing of the [petitions], [the
respondent] had failed to rehabilitate, considering the
age[s] and needs of the children.”
In the dispositional phase of the termination of paren-
tal rights proceeding, the court made findings as to each
of the criteria set forth in § 17a-112 (k) and determined
that terminating the respondent’s parental rights was
in the children’s best interests.7 Accordingly, the court
rendered judgments terminating the respondent’s paren-
tal rights and appointing the petitioner as the statutory
parent for each child.8 This appeal followed. Additional
facts and procedural history will be set forth as necessary.
I
On appeal, the respondent’s sole claim is that there was
insufficient evidence to support the court’s determina-
tion that she had failed to achieve the degree of personal
rehabilitation required to avoid a termination of her
parental rights. In making this claim, the respondent
also challenges some of the court’s subordinate factual
findings as clearly erroneous. The petitioner contends,
to the contrary, that the evidence presented at trial was
sufficient to support the court’s determination that the
respondent failed to rehabilitate. The petitioner also
argues that the court’s subordinate factual findings were
7
We note that the respondent does not challenge the court’s finding
that the termination of her parental rights was in the best interests of
the children.
8
The court also denied the respondent’s motion for posttermination
visitation with the children.
In re Avianzah R.
not clearly erroneous and, even assuming that some of
the court’s findings were clearly erroneous, any error was
harmless. On the basis of our review of the evidentiary
record and the court’s findings, we conclude that the
cumulative evidence was sufficient to justify the court’s
conclusion that the respondent had failed to rehabilitate.
We begin by setting forth the established principles
of law and the applicable standard of review that govern
the resolution of this claim. “Section 17a-112 (j) provides
in relevant part: The Superior Court, upon notice and
hearing as provided in [General Statutes §§] 45a-716 and
45a-717, may grant a petition filed pursuant to this sec-
tion if it finds by clear and convincing evidence that (1)
the [department] has made reasonable efforts to locate
the parent and to reunify the child with the parent in
accordance with subsection (a) of [General Statutes §]
17a-111b, unless the court finds in this proceeding that
the parent is unable or unwilling to benefit from reuni-
fication efforts, except that such finding is not required
if the court has determined at a hearing pursuant to [§]
17a-111b, or determines at trial on the petition, that
such efforts are not required, (2) termination is in the
best interest of the child, and (3) . . . (B) the child (i) has
been found by the Superior Court or the Probate Court
to have been neglected, abused or uncared for in a prior
proceeding, or (ii) is found to be neglected, abused or
uncared for and has been in the custody of the [petitioner]
for at least fifteen months and the parent of such child
has been provided specific steps to take to facilitate the
return of the child to the parent pursuant to [General
Statutes §] 46b-129 and has failed to achieve such degree
of personal rehabilitation as would encourage the belief
that within a reasonable time, considering the age and
needs of the child, such parent could assume a responsible
position in the life of the child . . . .
“Proceedings to terminate parental rights are governed
by § 17a-112. . . . Under [that provision], a hearing on
a petition to terminate parental rights consists of two
phases: the adjudicatory phase and the dispositional
In re Avianzah R.
phase. During the adjudicatory phase, the trial court
must determine whether one or more of the . . . grounds
for termination of parental rights set forth in § 17a-112
[(j) (3)] exists by clear and convincing evidence. The [peti-
tioner] . . . in petitioning to terminate those rights, must
allege and prove one or more of the statutory grounds. . . .
Subdivision (3) of § 17a-112 (j) carefully sets out . . .
[the] situations that, in the judgment of the legisla-
ture, constitute countervailing interests sufficiently
powerful to justify the termination of parental rights
in the absence of consent. . . . Because a respondent’s
fundamental right to parent his or her child is at stake,
[t]he statutory criteria must be strictly complied with
before termination can be accomplished and adoption
proceedings begun. . . .
“The trial court is required, pursuant to § 17a-112, to
analyze the [parent’s] rehabilitative status as it relates
to the needs of the particular child, and further . . . such
rehabilitation must be foreseeable within a reasonable
time. . . . The statute does not require [a parent] to prove
precisely when [she] will be able to assume a responsible
position in [her] child’s life. Nor does it require [her] to
prove that [she] will be able to assume full responsibility
for [her] child, unaided by available support systems. It
requires the court to find, by clear and convincing evi-
dence, that the level of rehabilitation [she] has achieved,
if any, falls short of that which would reasonably encour-
age a belief that at some future date [she] can assume a
responsible position in [her] child’s life. . . . Personal
rehabilitation as used in [§ 17a-112 (j) (3) (B)] refers to the
restoration of a parent to [her] former constructive and
useful role as a parent. . . . [I]n assessing rehabilitation,
the critical issue is not whether the parent has improved
[her] ability to manage [her] own life, but rather whether
[she] has gained the ability to care for the particular
needs of the [children] at issue. . . .
“[The] completion or noncompletion [of the specific
steps], however, does not guarantee any outcome. . . .
Accordingly, successful completion of expressly articu-
In re Avianzah R.
lated expectations is not sufficient to defeat a depart-
ment claim that the parent has not achieved sufficient
rehabilitation. . . . Whereas, during the adjudicatory
phase of a termination proceeding, the court is gener-
ally limited to considering events that precede the date
of the filing of the petition or the latest amendment to
the petition, also known as the adjudicatory date, it may
rely on events occurring after the [adjudicatory] date . . .
when considering the issue of whether the degree of
rehabilitation is sufficient to foresee that the parent may
resume a useful role in the child’s life within a reason-
able time. . . .
“A conclusion of failure to rehabilitate is drawn from
both the trial court’s factual findings and from its weigh-
ing of the facts in assessing whether those findings satisfy
the failure to rehabilitate ground set forth in § 17a-112
(j) (3) (B). Accordingly . . . the appropriate standard of
review is one of evidentiary sufficiency, that is, whether
the trial court could have reasonably concluded, upon the
facts established and the reasonable inferences drawn
therefrom, that the cumulative effect of the evidence
was sufficient to justify its [ultimate conclusion]. . . .
When applying this standard, we construe the evidence
in a manner most favorable to sustaining the judgment
of the trial court. . . . We will not disturb the court’s
subordinate factual findings unless they are clearly erro-
neous. . . . A factual finding is clearly erroneous when it
is not supported by any evidence in the record or when
there is evidence to support it, but the reviewing court is
left with the definite and firm conviction that a mistake
has been made.” (Citations omitted; emphasis omitted;
footnotes omitted; internal quotation marks omitted.) In
re Cameron H., 219 Conn. App. 149, 159–67, 294 A.3d
50, cert. denied, 347 Conn. 903, 296 A.3d 171 (2023).
Thus, “[i]f the [trial court] could reasonably have
reached its conclusion, the [judgment] must stand, even
if this court disagrees with it. . . . An important corollary
to these principles is that the mere existence in the record
of evidence that would support a different conclusion,
In re Avianzah R.
without more, is not sufficient to undermine the finding
of the trial court. Our focus in conducting a review for
evidentiary sufficiency is not on the question of whether
there exists support for a different finding—the proper
inquiry is whether there is enough evidence in the record
to support the finding that the trial court made.” (Cita-
tion omitted; emphasis in original; internal quotation
marks omitted.) In re Yolanda V., 195 Conn. App. 334,
345, 224 A.3d 182 (2020).
II
After considering the record in a manner most favor-
able to sustaining the judgments, we conclude that the
evidence reasonably supports the court’s determination
that the respondent failed to rehabilitate within the
meaning of § 17a-112 (j) (3) (B) (i), considering the ages
and needs of the children. First, although “[a] finding of
rehabilitation is not based on a mechanistic tabulation of
whether a parent has undertaken specific steps ordered”;
(internal quotation marks omitted) In re Anthony S.,
218 Conn. App. 127, 149, 290 A.3d 901 (2023); the
court appropriately relied on the respondent’s lack of
consistent engagement in individual counseling in find-
ing that she failed to rehabilitate. In so concluding, the
court recognized that, initially, the respondent “made
strides toward completing her specific steps.” Ultimately,
however, the respondent did not maintain consistent
engagement in individual therapy, which was one of
her court-ordered specific steps. She was referred for
individual therapy in February 2023 and began therapy
with LaChapelle, a therapist, in April 2023, during which
time the respondent was engaged until November 2023.
The respondent was then not engaged in therapy until
February 20249 and was unsuccessfully discharged from
9
The record reveals that this gap in treatment from November 2023
until January 2024 was due in part to the therapist’s taking a leave
of absence. The record, however, also contains evidence that, during
this time period, the respondent missed an appointment with another
therapist in the same office as LaChapelle in December 2023 and a
medication management appointment. The respondent also asserted
that she had an insurance issue during this time period; however, the
In re Avianzah R.
therapy in November 2024. The court found, and the
record reflects,10 that the respondent was discharged
from individual therapy for having several no-call,
no-shows, and that, as of the time of trial, she was not
engaged in therapy. The court found that family ther-
apy could not be commenced until the respondent made
meaningful progress in individual therapy. This finding
is supported by the testimony of Monique McNally, a
department social worker, who testified that, “in order
to participate in family therapy, everyone needed to be
engaged and making progress in their own individual
therapies before the family therapy could start.” Accord-
ingly, the court’s findings concerning the respondent’s
inconsistent engagement with individual therapy are
supported by evidence in the record.
We disagree with the respondent that the department
did not adequately inform her about the specific goals she
was supposed to complete in therapy.11 As noted previ-
court found that the insurance issue was resolved in December 2023.
This finding is consistent with the testimony of Monique McNally, a
department social worker.
Furthermore, the record contains a written record of phone corre-
spondence from McNally to the respondent dated February 2, 2024, in
which McNally gave her a list of services the department wanted her to
engage in, noted the respondent’s inconsistent engagement in therapy
and missed appointments, and “strongly recommended” that she reen-
gage in individual therapy. McNally sent a letter to the respondent in
January 2025, stating that the respondent needed to reengage in men-
tal health treatment to continue “working through [her] traumas and
current situation.” Nonetheless, it is not disputed that the respondent
did not reengage in therapy after she was unsuccessfully discharged.
The court reasonably could have relied on this evidence in concluding
that the respondent was “engaged in therapy, but not consistently.”
10
A Fe