On January 22, 2010, the respondent, mother, gave birth to her second child. However, the child was placed directly into custody with the Department of Children and Families (Department) under an administrative ninety-six hour hold. Six days later, the commissioner of the Department filed a neglect petition and obtained an order of temporary custody, alleging the child was being denied proper care and allowed to live in conditions and circumstances that would be detrimental to his well-being. On March 4, 2011, the trial court determined that the child was neglected and committed him to the custody of the commissioner. The mother appealed this decision.

Public Policy Concerns

Pursuant to public policy concerns, the State has authority to act before harm actually occurs in order to protect the health and welfare of that child. In other words, the Department does not have to wait until the child is actually harmed before intervening. A child will be declared “neglected” if the court determines that the child is being denied proper care and attention, be it physically, educationally, emotionally, or morally, or if the child is subject to conditions, circumstances, or associations that could injure his or her well-being.

In this case, the commissioner alleged that the respondent had cognitive limitations and ongoing unresolved mental health and substance abuse issues. The mother exhibited poor parenting skills, and was prone to outbursts of anger. She was facing criminal risk of injury to a minor, her older child, and was involved in numerous incidents of domestic violence with the father of her younger child. In light of this evidence, the Appellate Court determined there was sufficient ground to find the child neglected, and the Department did not err by stepping in immediately after the child was born to prevent potential harm.

Child Adjudicated as Neglected

Once a child is adjudicated as neglected, the court must determine whether to commit the child to the commissioner of the Department, vest guardianship in a third party, or return the child to the parent with or without protective supervision. The best interest of the child is paramount, and is determined by considering where a child’s sustained growth, development, well-being, and continuity and stability of his or her environment will be fostered. Placement with the commissioner is not permanent, for specific steps are taken to facilitate the return of the child to the custody of the parent.

In this case, the Appellate Court upheld the trial court’s placement of the child with the commissioner. It was reasonable to find the mother was not yet able to control and support the child due to her history with the Department, anger management issues, and her inability to work with the Department to improve her parenting skills. Therefore, the trial court did not abuse its discretion in determining it was in the best interests of the child to commit him to the custody of the commissioner.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well. 

If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.