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The Department of Children and Families possessed the burden to prove, by clear and convincing evidence, it made reasonable efforts to reunify a Nigerian father and his medically ill child, pursuant to Connecticut General Statutes §17a-112. Absent updated information about the minor child's ability to travel to Nigeria to reunify with his father, the department was unable to prove it made reasonable efforts to reunify. The following facts were relevant. Respondent father, Olusegun, and his wife resided in Nigeria, and Olusegan's wife traveled to the United States when she was seven months pregnant. The child was born in the U.S., and medical workers observed that his mother acted strangely and refused to properly care for and feed the infant, who had been born with congenital heart defects. The commissioner of the Department of Children and Families filed a petition and alleged that the minor child was neglected. he was adjudicated neglected and committed to the custody of the commissioner. The commissioner filed a motion to terminate respondent father's parental rights on the basis of abandonment and lack of a parent-child relationship. Respondent did not appear at the hearing and was defaulted. The trial court found that the department made reasonable efforts to reunify father and child, pursuant to C.G.S. §17a-112.

Respondent, who resided in Nigeria, took significant steps to remain active in his child's life. He identified possible placement options with family and friends in the United States, called a Connecticut social worker four times per month and paid for the hotel where his wife and child resided. His visa applications were denied. Social workers found it unlikely that a stranger could establish a meaningful relationship with an infant via Skype, and his requests to video conference were denied. The Supreme Court found that the department presumed that the minor child was not medically cleared to travel to Nigeria and that reunification as not possible unless respondent traveled to the Untied States. The "department's utter failure to determine when the minor child would be able to travel to Nigeria," wrote the court, "can hardly be taken as evidence of an effort to reunify." In the absence of current information about the minor child's ability to travel, the department did not provide it made reasonable effort to reunify.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: J. Eveleigh, Adequate Efforts Were Not Made to Reunify Father, Fragile Infant, 42 CT. LAW TRIBUNE 23 at 16