DCF opposed the motion, contending that the evidence was sufficient to prove the children were denied proper educational care and attention in that they did not attend school regularly, and thus were deprived of educational opportunities.  The parents countered, arguing that the children received adequate educational attention, as evidenced by their grades and consistent promotions, and that the Department’s evidence of non-attendance alone could not be sufficient.  The parents contended that in order to satisfy its burden, the state must provide evidence of a detrimental effect on a child.

Connecticut’s Statutory and Common Law Expectations

In considering the parents’ motion, the Court reviewed Connecticut’s statutory and common law expectations for the education of children, noting that education has long been recognized as being fundamental to the well-being of a child. Indeed, education is so important that the state has made it compulsory through an attendance requirement. Pursuant to Connecticut General Statutes § 10-184, “All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship, including a study of the town, state and federal governments.”

To implement this policy, C.G.S.A. § 10-184 further establishes that “each parent or other person having control of a child five years of age and over and under eighteen years of age shall cause such child to attend a public school regularly during the hours and terms the public school in the district in which such child resides is in session, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools.”  Pursuant to Connecticut General Statutes § 10-185, failure to do so is punishable by a fine.

Trial Court

The trial court acknowledged that the Connecticut Appellate Court has not yet ruled as to whether a neglect finding can enter in a case where the parents fail to cause their children to attend school, but the children are nevertheless performing on an average level.  However, it did point out that the Juvenile Courts of Connecticut and other states have granted neglect petitions under similar circumstances.  Ultimately denying the parents’ motion to dismiss, the Court held that in light of the clear and explicit mandate of C.G.S.A. §§ 10-184 and 10-185, the element of “detrimental effect” is not essential to a finding of neglect at the adjudicatory stage.

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.