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In re Davonta V.
State: Connecticut
Court: Supreme Court
Docket No: SC17788
Case Date: 02/05/2012
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

IN RE DAVONTA V.* (SC 17788)
Rogers, C. J., and Katz, Palmer, Zarella and Sullivan, Js. Argued October 23, 2007--officially released February 12, 2008

David B. Rozwaski, for the appellant (respondent mother). Stephen G. Vitelli, assistant attorney general, with whom, on the brief, were Richard Blumenthal, attorney general, and Susan T. Pearlman, assistant attorney general, for the appellee (petitioner).

Opinion

ROGERS, C. J. This case raises the question of whether it is ever in a child's best interest to terminate his parents' rights when an adoptive family has not been secured and the child retains good relations with his extended biological family. The respondent mother appeals from the judgment of the Appellate Court upholding the judgment of the trial court based on its finding that termination of her parental rights was in the best interest of her minor child, Davonta V.1 The respondent claims that the Appellate Court improperly concluded that the trial court's finding regarding Davonta's best interest was supported by clear and convincing evidence. We affirm the judgment of the Appellate Court. The opinion of the Appellate Court sets forth the following procedural history. ``The child, [Davonta], born April 14, 1992, was the subject of a neglect petition filed March 9, 1999, by the petitioner, the commissioner of children and families (commissioner), alleging educational, medical and physical neglect. After finding [Davonta] to be neglected, the court entered a disposition of protective supervision that allowed the respondent to have custody of [Davonta]. On August 24, 1999, protective supervision was terminated when the commissioner learned that the respondent had entered the witness protection program and relocated to North Carolina with [Davonta]. The respondent returned to Connecticut in November, 1999, and shortly thereafter the commissioner received reports of neglect concerning [Davonta]. On May 11, 2000, a neglect petition was again filed by the commissioner. An order of temporary custody was granted, stemming from the neglect petition filed in May, 2000. On October 24, 2000, [Davonta] was adjudicated neglected and committed to the care of the commissioner and placed in foster care.'' In re Davonta V., 98 Conn. App. 42, 43
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