Citation Numbers: 1998 Conn. Super. Ct. 1983, 22 Conn. L. Rptr. 547
Judges: ALANDER, JUDGE. CT Page 1984
Filed Date: 9/3/1998
Status: Non-Precedential
Modified Date: 4/17/2021
Chantay C., who is now two years old, has been in the custody of DCF since April 8, 1996, five days after her birth. At that time, DCF obtained an order of temporary custody from the court, Sequino, J. DCF also filed a neglect petition claiming that Chantay C. was being denied proper physical care and attention. On May 16, 1996, the court, Sequino, J., committed Chantay C. to the care and custody of DCF for a period not to exceed twelve months based on the court's finding that the child had been neglected.
On May 28, 1997, the court, Brenneman, J., granted an extension of the commitment, retroactive to May 16, 1997, through May 16, 1998. The court also found that continued efforts to reunify Chantay C. with her parents were not appropriate.
On July 31, 1997, DCF filed the subject petition seeking the termination of parental rights of the respondents. A trial of the TPR petition commenced on March 4, 1998. The trial was scheduled to continue on April 9, 1998. However, the attorney for the respondent father subsequently requested a continuance which was granted by the court on April 8, 1998.
On May 16, 1998, the commitment of Chantay C. to DCF inadvertently lapsed. On May 21, 1998, DCF filed with the court an order for temporary custody together with a new neglect petition. The court, Jones, J., granted the order of temporary custody that same day.
The respondent father asserts that the court lost subject matter jurisdiction over the termination of parental rights petition when the child's commitment to DCF accidentally lapsed. He claims that General Statutes §
"`Subject matter jurisdiction involves the authority of a court to adjudicate the types of controversy presented by the action before it.' Craig v. Bronson
In order to determine whether the court continues to have subject matter jurisdiction over this proceeding the court must look to the statutes governing the termination of parental rights. Section 17a-112a of the General Statutes authorizes the filing of a petition for the termination of parental rights when a child is "in the custody of the Commissioner of Children and Families in accordance with Section
In this case, DCF complied with the provisions of Section 17a-112a because Chantay C. was in its custody pursuant to a commitment at the time the petition for the termination of parental rights was initially filed. In fact, Chantay C. has continuously been in the physical custody of DCF for over two years. There was simply an inadvertent five day lapse in the legal authority for DCF's custody. That accidental lapse did not serve to deprive the court of subject matter jurisdiction to decide a pending termination of parental rights petition in which trial had already commenced. See In re John G., Superior Court, Child Protection Session at Middletown, 1997 WL 816497 (November 14, 1997) (Dyer J.) in which the court held that the inadvertent lapse in legal custody did not deprive the court of subject matter jurisdiction to decide a termination of parental rights.
This view finds support in related statutory provisions and the public policy underlying abuse and neglect matters. Section
Moreover, since the court previously determined that efforts to reunify Chantay C. with her parents were no longer appropriate, the court is mandated by Section
Nothing would be gained and much would be lost by aborting the ongoing TPR trial and requiring DCF to start from scratch. Even if the court were to agree with father's position and dismiss the TPR petition, the child would not be placed in his care in light of the granting of the order of temporary custody. A dismissal will only serve to further delay a determination of the TPR petition. That determination has been delayed far too long already.
The respondent's motion to dismiss is hereby denied.
ALANDER, J.