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In re Jaime S.
State: Connecticut
Court: Supreme Court
Docket No: SC18629
Case Date: 03/01/2011
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 JAIME S.* (SC 18629)
Rogers, C. J., and Norcott, Palmer, Zarella, McLachlan, Eveleigh and Vertefeuille, Js. Argued January 4--officially released March 1, 2011

David J. Reich, for the appellant (respondent). Howard I. Gemeiner, for the appellee (petitioner). David E. Cosham, for the minor child. Richard Blumenthal, former attorney general, and Benjamin Zivyon and John E. Tucker, assistant attorneys general, filed a brief for the department of children and families as amicus curiae.

Opinion

PER CURIAM. In 2007, the petitioner mother initiated proceedings to terminate the parental rights of the respondent father with respect to the parties' minor child. In January, 2009, a two day hearing was held, which the respondent was not able to attend in person due to his detention by immigration authorities in New Mexico. The respondent was represented at the hearing by counsel and participated on the first day of the hearing via telephone. On the second day, the immigration authorities prevented him from participating. The trial court denied the request of the respondent's counsel to continue the hearing until the respondent's telephone privileges were restored. The trial court provided the respondent's counsel with a transcript of the hearing, which counsel used for preparing a posttrial brief. Counsel did not request that the proceedings be opened or that he be afforded the opportunity to question further any witness. The court thereafter granted the termination petition. The respondent appealed from the trial court's judgment to the Appellate Court, arguing, inter alia, that the trial court violated his right to due process by denying his motion for a continuance. In re Jaime S., 120 Conn. App. 712, 736, 994 A.2d 233 (2010). The Appellate Court, after applying the test set forth in Mathews v. Eldridge, 424 U.S. 319, 334
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