Grounds for Termination of Parental Rights Connecticut
Statute: §§ 17a-111a; 17a-111b(a); 17a-112(i)-(k)
Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental DisinterestAbuse/Neglect
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Failure to Maintain Contact
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of
sibling child
Circumstances That Are Not Grounds for TerminationMental Illness or Deficiency
Alcohol or Drug Induced Incapacity
Felony Conviction/Incarceration
Failure to Provide Support
Failure to Establish Paternity
Child Judged in Need of Services/Dependent
Conn. Gen. Stat. Ann. § 17a-111a (West, WESTLAW through 1-1-02)The Commissioner of Children and Families shall file a petition to terminate
parental rights if:
The child has been in the custody of the commissioner for at least 15 consecutive months, or at least 15 months during the 22 months immediately preceding the filing of such petition;
The child has been abandoned as defined by statute; or
A court of competent jurisdiction has found that: The parent has killed, through a deliberate, non-accidental act, a sibling of the child or has requested, commanded, importuned, attempted, conspired or solicited to commit the killing of the child or a sibling of the child; or the parent has assaulted the child or a sibling of a child, through deliberate, non-accidental act, and such assault resulted in
serious bodily injury to such child.
Notwithstanding the provisions above, the
commissioner is not required to file a petition
to terminate parental rights in such cases if
the commissioner determines that:
The child has been placed under the care of a
relative of such child;
There is a compelling reason to believe that
filing such petition is not in the best
interests of the child; or
The parent has not been offered the services
contained in the
permanency plan to reunify the
parent with the child or such services were not
available, unless a court has determined that
efforts to reunify the parent with the child are
not required.
Conn. Gen. Stat. Ann. § 17a-112(i)-(k) (West,
WESTLAW through Conn. 2003 Legis. Serv., P.A. 03-243) The Superior Court may grant a petition for
termination of parental rights based on consent filed pursuant to this section if it finds that:
Upon clear and convincing evidence, the
termination is in the best interest of the
child; and
Such parent has voluntarily and knowingly
consented to termination of parental rights with
respect to such child.
If the court denies a petition for termination
of parental rights based on consent, it may
refer the matter to an agency to assess the
needs of the child, the care the child is
receiving and the plan of the parent for the
child. Consent for the termination of the
parental rights of one parent does not diminish
the parental rights of the other parent of the
child, nor does it relieve the other parent of
the duty to support the child.
The Superior Court may grant a petition filed
pursuant to this section if it finds by clear and convincing evidence:
That the Department of Children and Families has made reasonable efforts to locate the parent and to reunify the child with the parent, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts provided such finding is not required if the court has determined at a hearing that such efforts are not appropriate;
That termination is in the best interest of the child; and that:
The child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; or the child has been found by the Superior Court, in a prior proceeding, to have been neglected or uncared for; or is found to be neglected or uncared for, has been in the custody of the commissioner for at least 15 months, and such parent has been provided specific steps to take to facilitate the return of the child to the parent and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child;
The child has been denied by reason of an act or acts of parental commission or omission including, but not limited to, sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for such child's physical, educational, moral or emotional well-being. Non-accidental or inadequately explained serious physical injury to a child shall constitute prima facie evidence of acts of parental commission or omission sufficient for the termination of parental rights;
There is no ongoing parent-child relationship, which means the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral, and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child;
The parent of a child under the age of 7 years who is neglected or uncared for is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families;
The parent has killed through a deliberate, non-accidental act another child of the parent; or has requested, commanded, importuned, attempted, conspired, or solicited such killing; or has committed an assault through a deliberate, non-accidental act that resulted in serious bodily injury of another child of the parent;
The parent was convicted as an adult or a delinquent by a court of competent jurisdiction of a sexual assault resulting in the conception of the child, provided the court may terminate such parent's parental rights to such child at any time after such conviction.
Except in the case where termination is based on consent, in determining whether to terminate parental rights under this section, the court shall consider and shall make written findings regarding:
The timeliness, nature, and extent of services offered, provided, and made available to the parent and the child by an agency to facilitate the reunion of the child with the parent;
Whether the Department of Children and Families has made reasonable efforts to
reunite the family;
The terms of any applicable court order entered into and agreed upon by any individual or agency and the parent, and the extent to which all parties have fulfilled their obligations under such order;
The feelings and emotional ties of the child with respect to the child's parents, any guardian of the child, and any person who has exercised physical care, custody, or control of the child for at least one year and with whom the child has developed significant emotional ties;
The age of the child;
The efforts the parent has made to adjust the parent's circumstances, conduct, or conditions to make it in the best interest of the child to return such child home in the foreseeable future, including, but not limited to, the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent, provided the court may give weight to incidental visitations, communications or contributions;the maintenance of regular contact or communication with the guardian or other custodian of the child; and the extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent.