In re Niya B.

Syllabus

The respondent mother appealed to this court from the judgment of the trial court terminating her parental rights with respect to her minor child, N. Shortly after N's birth, she was placed in the care and custody of the petitioner, the Commissioner of Children and Families. N was later adjudicated neglected and the court ordered specific steps for the mother to facilitate her reunion with N. While N was in the custody of the petitioner, the mother tested positive multiple times for alcohol and illegal drugs and was arrested multiple times for operating a motor vehicle while under the influence of alcohol or drugs. The petitioner filed a termination petition that alleged that, pursuant to statute (§ 17a- 112 (j) (3) (B) (i)), N had been adjudicated neglected and that the mother had failed to achieve the degree of personal rehabilitation that would encourage the belief that, within a reasonable period of time, given the age and needs of N, she could assume a responsible position in N's life. At the termination trial, the mother presented expert testimony from F, a clinical psychologist, who had previously written a report recom- mending reunification with N. Held that the trial court correctly con- cluded, by clear and convincing evidence, that the respondent mother had failed to achieve a sufficient degree of rehabilitation, as required by § 17a-112 (j) (3) (B) (i): the record contained sufficient evidence to support the court's determination, including that, although the mother had used and completed some services offered to her by the Department of Children and Families, including for substance use, relapse prevention and mental health counseling, multiple urine tests and drug screens presented clear and convincing evidence that she continued to have substance use issues, that she demonstrated a lack of insight or outright refusal to acknowledge her substance use, including by her claims that every drug test over a three year period had produced a false positive,