In fact, the mother was arrested on several occasions for operating a motor vehicle while under the influence of alcohol. On one such occasion, her two children were in the vehicle, which resulted in charges for risk of injury to a minor. Following a subsequent incident in which a DCF worker found the mother intoxicated at a foster home with her two children, the Department invoked a 96-hour hold. Shortly thereafter, the Court adjudicated both children neglected.
Following her release from a term of imprisonment, the mother took significant steps to rehabilitate. She attended a four week program aimed at personal development, employment skills and team building; completed a mental health and substance abuse program; participated in individual counseling at women’s trauma groups; obtained a job with her former employer as a certified nurse’s aide; and was attending Alcoholics Anonymous.
The Decision
In reviewing the mother’s claim that her efforts constituted sufficient rehabilitation, the Court explained that under Connecticut law, personal rehabilitation refers to the restoration of a parent to his or her former constructive and useful role as a parent in light of the needs of the particular child. Importantly, sufficient rehabilitation must be foreseeable within a reasonable time. In 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 child at issue.
In affirming the trial court’s decision, the Appellate Court noted that the evidence demonstrated the mother would need to remain sober, and seek treatment for several years before she could function independently on a day-to-day basis. Indeed, as one expert testified, the mother would require a period of rehabilitation lasting three years, if not greater, to establish not only the sobriety, but also the personal resources to deal with significant life stressors without decompensating again.
Based on evidence that the mother would need to maintain sobriety for several years before it could be determined with a reasonable level of psychological certainty that she could remain sober, and a reliable parent, the Court held that the trial court did not err in determining the mother failed to achieve personal rehabilitation.
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.
