· 2/22/2021

In re Phoenix A.

Syllabus

The respondent father appealed to this court from the judgment of the trial court terminating his parental rights with respect to his minor child. He claimed, inter alia, that the court erred by finding that he was unable or unwilling to benefit from reunification services provided by the Department of Children and Families pursuant to the statute (§ 17a-112 (j) (1)) that requires a trial court to find by clear and convincing evidence that the department made reasonable efforts to reunify a parent and child unless it finds, instead, that the parent is unable or unwilling to benefit from such efforts. The trial court also found, pursuant to § 17a- 112 (j) (1), that reasonable efforts were made by the department to reunify the family. Held: 1. Because the respondent father, who did not challenge on appeal the trial court's finding that the department made reasonable efforts to reunify him and the minor child, challenged only one of the two separate and independent bases for upholding the court's determination that the requirements of § 17a-112 (j) (1) had been satisfied, there existed a separate and independent basis for upholding the court's determination, and, therefore, even if this court agreed with the father's claim, there was no practical relief that could be afforded to him; accordingly, the father's claim was dismissed as moot. 2. The trial court properly found, in light of the evidence presented at trial, that the respondent father had failed to achieve sufficient personal rehabilitation so as to encourage the belief that he could assume a responsible position in the life of the minor child within a reasonable time; the record contained sufficient evidence to support the court's conclusion that the petitioner, the Commissioner of Children and Fami- lies, had proven by clear and convincing evidence the alleged adjudica- tory ground for termination of the respondent's parental rights in that the petitioner presented evidence that the respondent continued to st

Judges: Moll; Cradle; Lavery

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