In re Zarirai S.

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In re Zarirai S.

IN RE ZARIRAI S. ET AL.*
(AC 47605)
Alvord, Clark and Westbrook, Js.

Syllabus

The respondent mother appealed from the judgments of the trial court
terminating her parental rights with respect to her minor children. The
mother claimed that the court improperly determined that she had failed
to achieve a sufficient degree of rehabilitation pursuant to the applicable
statute (§ 17a-112 (j) (3)). Held:

The trial court reasonably determined, on the basis of its subordinate factual
findings and the reasonable inferences drawn therefrom, which were ade-
quately supported by the evidence, that, pursuant to § 17a-112 (j) (3) (B)
and (E), the respondent mother failed to achieve sufficient rehabilitation
that would encourage the belief that, within a reasonable time, she could
assume a responsible position in the children’s lives.

The trial court did not improperly compare the parenting of the respondent
mother with that of the foster parents in determining that the mother failed
to achieve a reasonable degree of rehabilitation, the court’s statements
regarding the foster parents having been made in the context of its finding
that the mother could not meet the children’s needs.

The trial court applied the proper legal standard, namely, whether the peti-
tioner, the Commissioner of Children and Families, proved by clear and
convincing evidence that the respondent mother had failed to achieve a
sufficient degree of rehabilitation pursuant to § 17a-112 (j) (3) (B) and (E),
and it did not require the mother to ‘‘guarantee’’ her rehabilitation within
a period of six months.
Argued October 10—officially released November 21, 2024**

Procedural History

Petitions by the Commissioner of Children and Fami-
lies to terminate the respondents’ parental rights with
respect to their minor children, brought to the Superior
* In accordance with the spirit and intent of General Statutes § 46b-142
(b) and Practice Book § 79a-12, the names of the parties involved in this
appeal are not disclosed. The records and papers of this case shall be open
for inspection only to persons having a proper interest therein and upon
order of the court.
** November 21, 2024, the date that this decision was released as a slip
opinion, is the operative date for all substantive and procedural purposes.
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In re Zarirai S.

Court in the judicial district of Waterbury, Juvenile Mat-
ters, where the respondent Kenneth E. et al. were
defaulted for failure to appear; thereafter, the respon-
dent Juan R. M. consented to the termination of his
parental rights; subsequently, the matter was tried to
the court, Wilkerson Brillant, J.; judgments terminating
the respondents’ parental rights, from which the respon-
dent mother appealed to this court. Affirmed.
Benjamin M. Wattenmaker, assigned counsel, for the
appellant (respondent mother).
Lori Knuth, assistant attorney general, with whom,
on the brief, were William Tong, attorney general, and
Nisa Khan, assistant attorney general, for the appellee
(petitioner).
Opinion

WESTBROOK, J. The respondent mother, Crystal S.,
appeals from the judgments of the trial court rendered
in favor of the petitioner, the Commissioner of Children
and Families, terminating her parental rights with
respect to her minor children, Z and L.1 On appeal, the
respondent claims that the court improperly deter-
mined that she had failed to achieve a sufficient degree
of rehabilitation because (1) the court’s determination
was not supported by the evidence, (2) the court imper-
missibly compared the parenting of the respondent with
that of the children’s foster parents, and (3) the court
failed to apply the proper legal standard by ‘‘add[ing]
a requirement of a ‘guarantee’ that the [respondent]
1
The parental rights of L’s father, Juan R. M., were terminated by consent.
The court, Wilkerson Brillant, J., terminated the parental rights of Z’s puta-
tive fathers, Kenneth E. and John Doe, after trial, at which they did not
appear. The termination of the father’s and the putative fathers’ parental
rights is not at issue on appeal. Accordingly, all references to the respondent
are to the mother only.
Additionally, the respondent had two other children, but only Z and L are
the subjects of this appeal. Accordingly, all references to the children are
to Z and L only.
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must be able to rehabilitate within six months.’’ We
affirm the judgments of the trial court.
The following facts, which the court found by clear
and convincing evidence, and procedural history are
relevant to the resolution of this appeal. Z was born in
August, 2018, and L was born in August, 2021. The
Department of Children and Families (department) first
became involved with Z on September 8, 2020, when it
received a report that the respondent had left Z with
an inappropriate caregiver for more than one week,
during which time the respondent had little contact
with the child or the caregiver. On September 10, 2020,
the petitioner, pursuant to General Statutes § 17a-101g,
invoked a ninety-six hour hold on Z and placed her in
the care and custody of the petitioner. On September 14,
2020, the petitioner filed a neglect petition and sought
an order of temporary custody on Z’s behalf, which the
court, Aaron, J., granted ex parte that same day. The
court sustained the order of temporary custody on Sep-
tember 23, 2020. On March 9, 2021, the court adjudicated
Z neglected and committed her to the care of the peti-
tioner.
The court also ordered the respondent to follow spe-
cific steps for reunification with Z. The specific steps
required, inter alia, that the respondent (1) keep all
appointments set by or with the department; (2) partici-
pate in counseling and make progress toward treatment
goals; (3) submit to substance abuse evaluations and
follow recommendations for treatment; (4) submit to
random drug testing; (5) not use illegal drugs or abuse
alcohol or medicine; and (6) visit Z as often as the
department permits.
In March, 2021, the respondent began treatment at the
Wellmore Behavioral Health’s Women and Children’s
Program (WCP) to address issues with mental health,
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medication compliance, substance use, parenting con-
cerns, and intimate partner violence. She has been diag-
nosed with post-traumatic stress disorder, single epi-
sode severe major depressive disorder, generalized
anxiety disorder, bulimia nervosa, cannabis use disor-
der, and alcohol use disorder. She has experienced inti-
mate partner violence during her relationship with L’s
father and during other prior relationships. She has
also experienced childhood trauma, including physical
abuse and sexual assault. In August, 2021, while at the
WCP, the respondent gave birth to L. In October,
November and December, 2021, the respondent tested
positive for opiates, including codeine and/or morphine.
As a result of the respondent’s positive drug tests, fail-
ure to supervise L, and failure to comply with WCP
rules, the WCP discharged her on December 30, 2021.
On the same day, the petitioner filed a neglect petition
and sought an order for temporary custody on behalf
of L, which the court, Hon. John Turner, judge trial
referee, granted ex parte that day.
After the WCP discharged the respondent, the depart-
ment required her to participate in the Intensive Outpa-
tient Program (IOP) at Wellmore Behavioral Health,
which she refused to attend. The respondent told the
department that she would instead attend mental health
treatment at Community Mental Health Affiliates
(CMHA), but she attended only one outpatient group
meeting at CMHA in February, 2022. The respondent
also refused to accept in-home support services to con-
firm medication compliance, and she refused to partici-
pate in random drug testing. On January 5, 2022, the
court ordered the respondent to participate in a hair
follicle test, and, on February 17, 2022, the test results
returned positive for marijuana. In March, 2022, the
respondent attended group therapy sessions at Inter-
community Healthcare’s IOP. In June, 2022, she was
successfully discharged from the IOP despite her failure
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In re Zarirai S.

to attend all of the required sessions and her failure to
participate in drug testing.
Due to concerns about COVID-19, the department
offered the respondent virtual visits with her children in
January and February, 2022. The respondent, however,
was inconsistent with visitation as she cancelled or was
late to several virtual visits. In-person visits resumed
in February, 2022, and the department referred the
respondent to the Family and Children’s Aid Quality
Parenting Center (QPC) for parental coaching before,
during, and after visits. The respondent began attending
QPC in July, 2022, but she was discharged in November,
2022, due to lack of engagement. The department there-
after offered the respondent visitation with the children
at its office, but she declined visitation with the children
between October 6, 2022, and December 29, 2022.
On December 7, 2022, the court, Hon. John Turner,
judge trial referee, adjudicated L neglected and commit-
ted her to the care of the petitioner. The court also
ordered the respondent to follow specific steps for
reunification with L. The specific steps required, inter
alia, that the respondent (1) keep all appointments set
by or with the department; (2) participate in counseling
and make progress toward treatment goals; (3) accept
and cooperate with in-home services offered by the
department; (4) submit to substance abuse evaluations
and follow recommendations for treatment; (5) submit
to random drug testing; (6) not use illegal drugs or
abuse alcohol or medicine; (7) complete an appropriate
domestic violence program; (8) visit L as often as the
department permits; and (9) complete psychosocial
evaluation recommendations.
The children’s foster parents are their maternal
grandfather and stepgrandmother, who have expressed
a willingness to adopt them. Z has resided with them
since March 25, 2022, and L has resided with them since
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December 30, 2021. On May 3 and October 4, 2022, the
court, Torres, J., approved permanency plans calling
for the termination of parental rights and adoption of
Z and L. On March 1 and July 7, 2023, the petitioner
filed petitions to terminate the respondent’s parental
rights as to Z and L.
On March 1, 2024, the court, Wilkerson Brillant, J.,
issued a memorandum of decision on the termination of
parental rights petitions. It found that the department,
pursuant to General Statutes § 17a-112 (j) (1), made
reasonable efforts to reunify the respondent with the
children and that the respondent was unable or unwill-
ing to benefit from reunification efforts. At the time of
trial, the respondent had not fully complied with her
specific steps to reunify with either of the children. The
court also found that statutory grounds for termination
of parental rights existed because the children had been
adjudicated neglected and the respondent failed to reha-
bilitate pursuant to § 17a-112 (j) (3) (B) and also failed
to rehabilitate given a prior termination of parental
rights pursuant to § 17a-112 (j) (3) (E).2 The court fur-
ther found that termination of parental rights was in
2
In the respondent’s brief to this court, her statement of issues challenges
the court’s determination that she failed to rehabilitate pursuant to § 17a-
112, but her arguments expressly discuss only the § 17a-112 (j) (3) (B)
ground for termination of parental rights and fail to expressly address the
§ 17a-112 (j) (3) (E) ground. Generally, we dismiss an appeal as moot where
the respondent fails to challenge separate and independent bases for the
court’s determination that the requirements of § 17a-112 were satisfied. See
In re Miracle C., 201 Conn. App. 598, 605, 243 A.3d 347 (2020) (‘‘[b]ecause
the respondent challenges on appeal only one of the two separate and
independent bases for the court’s determination that the requirements of
§ 17a-112 (j) (1) had been satisfied, this court can afford the respondent
no relief’’).
In the present matter, both grounds for termination of parental rights
require the petitioner to prove by clear and convincing evidence that the
respondent failed 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. See General Statutes § 17a-112 (j) (3) (B)
and (E). This is the finding that the respondent challenges on appeal, and,
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the children’s best interests. The court, therefore, termi-
nated the respondent’s parental rights as to the children.
This appeal followed.3 Additional facts will be set forth
as necessary.
Before discussing the respondent’s claims on appeal,
we briefly set forth the standard of review and relevant
legal principles that govern our review. ‘‘Proceedings
to terminate parental rights are governed by . . . § 17a-
112. . . . Under § 17a-112, a hearing on a petition to
terminate parental rights consists of two phases: the
adjudicatory phase and the dispositional phase. During
the adjudicatory phase, the trial court must determine
whether one or more of the . . . grounds for termina-
tion of parental rights set forth in § 17a-112 [(j) (3)]
exists by clear and convincing evidence. . . . If the
trial court determines that a statutory ground for termi-
nation exists, then it proceeds to the dispositional
phase. During the dispositional phase, the trial court
must determine whether termination is in the best inter-
ests of the child. . . . The best interest determination
also must be supported by clear and convincing evi-
dence.’’ (Internal quotation marks omitted.) In re Niya
B., 223 Conn. App. 471, 476 n.5, 308 A.3d 604, cert.
denied, 348 Conn. 958, 310 A.3d 960 (2024).
I
The respondent first claims that the evidence does
not support the court’s finding that the respondent
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
therefore, we treat the respondent’s challenge to the court’s determination
that she failed to rehabilitate as a challenge to both § 17a-112 (j) (3) (B)
and (E).
3
The attorney for the minor children has filed a statement, pursuant to
Practice Book § 79a-6 (c), adopting the brief of the petitioner.
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In re Zarirai S.

of the child . . . .’’ General Statutes § 17a-112 (j) (3)
(B); see also General Statutes § 17a-112 (j) (3) (E). Spe-
cifically, she argues that (1) the court made subordinate
factual findings that are clearly erroneous, and (2) the
evidence supports a finding that she did achieve suffi-
cient rehabilitation. We are not persuaded.
‘‘[The] standard of review of a trial court’s finding
that a parent has failed to achieve sufficient rehabilita-
tion . . . is one of evidentiary sufficiency, that is,
whether the trial court could have reasonably con-
cluded, upon the facts established and the reasonable
inferences drawn therefrom, that the cumulative effect
of the evidence was sufficient to justify its [ultimate
conclusion]. . . . When applying this standard, we
construe the evidence in a manner most favorable to
sustaining the judgment of the trial court.’’ (Citation
omitted; footnotes omitted; internal quotation marks
omitted.) In re Shane M., 318 Conn. 569, 587–88, 122
A.3d 1247 (2015).
‘‘[W]e review the trial court’s subordinate factual find-
ings for clear error.’’ (Internal quotation marks omit-
ted.) In re Corey C., 198 Conn. App. 41, 59, 232 A.3d
1237, cert. denied, 335 Conn. 930, 236 A.2d 217 (2020).
‘‘A [subordinate factual] finding is clearly erroneous
when either there is no evidence in the record to support
it, or the reviewing court is left with the definite and
firm conviction that a mistake has been made.’’ (Internal
quotation marks omitted.) In re November H., 202 Conn.
App. 106, 123, 243 A.3d 839 (2020). ‘‘Where . . . some
of the facts found [by the trial court] are clearly errone-
ous and others are supported by the evidence, we must
examine the clearly erroneous findings to see whether
they were harmless, not only in isolation, but also taken
as a whole. . . . If, when taken as a whole, they under-
mine appellate confidence in the court’s fact finding
process, a new hearing is required.’’ (Internal quotation
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marks omitted.) In re Selena O., 104 Conn. App. 635,
645, 934 A.2d 860 (2007).
A
Before turning to the court’s determination that the
respondent has failed to rehabilitate, we address the
respondent’s challenges to the subordinate factual find-
ings of the court. The respondent claims that the court
erroneously found that she (1) ‘‘does not argue that she
has sufficiently personally rehabilitated but has asked
the court to consider giving her more time to achieve
such a degree of personal rehabilitation,’’ (2) ‘‘was not
consistent with her mental health treatment at Foot-
steps [Counseling],’’ (3) provided ‘‘testimony [that], in
the court’s view, did not even adequately acknowledge
the children’s needs,’’ (4) ‘‘only began limited engage-
ment’’ with mental health services six months before
trial, and (5) attended mental health treatment at CMHA
four times. After reviewing each finding in turn, we
conclude that the court’s finding that the respondent
attended treatment at CMHA four times is clearly erro-
neous. We further conclude that the error is harmless
and, therefore, does not warrant a new trial. Addition-
ally, assuming, without deciding, that the court’s finding
that the respondent began engaging with mental health
services six months prior to trial is clearly erroneous,
we conclude that the error is harmless and does not
warrant a new trial. We conclude that the remainder
of the challenged subordinate findings are not clearly
erroneous.
First, the respondent argues that the court improperly
found that she had not argued that she achieved suffi-
cient personal rehabilitation. The respondent points to
her trial counsel’s closing argument, in which he stated
that, ‘‘despite what the [petitioner] alleges, [the respon-
dent] has achieved a sufficient degree of rehabilitation.’’
The petitioner, on the other hand, directs us to the
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respondent’s testimony at the trial. On direct examina-
tion, the respondent agreed that she was ‘‘asking that
the court deny the termination of parental rights peti-
tion so that [she] can have additional time to work
toward unifying with both of the kids.’’ On cross-exami-
nation, counsel for the minor children asked the respon-
dent how much time she needed, and she replied: ‘‘I
would think that maybe a month [or] three months
because I do have the home . . . but, also, I would
like to be given a grace period . . . . So, I would say
three months and, if the court were to . . . give me
leniency, [then] anywhere to half a year . . . .’’ Counsel
for the minor children subsequently asked whether the
respondent thought that three months would be ‘‘long
enough to rehabilitate,’’ and the respondent answered,
‘‘I do believe in myself.’’ Although the court’s statement
that the respondent did not argue that she had rehabili-
tated was, strictly speaking, not accurate, the respon-
dent’s testimony indicated that she had not rehabili-
tated, notwithstanding her counsel’s arguments. Cf. In
re Javonte B., 226 Conn. App. 651, 663 n.7, 318 A.3d
1095 (2024) (noting that ‘‘[s]tatements and arguments
of counsel are not evidence’’ (internal quotation marks
omitted)). Accordingly, we conclude that the chal-
lenged statement was not a clearly erroneous factual
finding.
Second, the respondent argues that the court improp-
erly found that she was inconsistent with her mental
health treatment at Footsteps Counseling because her
counselor, Stephanie Pizzuto, testified that the respon-
dent was consistent with her mental health treatment.
Pizzuto testified that she began treating the respondent
on November 21, 2021, and that she worked with the
respondent for one year. She testified that the respon-
dent was consistent with her scheduled appointments
until October, 2022, at which point the respondent
stopped showing up to appointments and Pizzuto lost
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In re Zarirai S.

contact with her. As a result of the respondent’s failure
to maintain appointments, Footsteps Counseling unsuc-
cessfully discharged the respondent from the program
in November, 2022. Additionally, on February 18, 2022,
Pizzuto reported to the department that ‘‘[the respon-
dent] is making slow progress toward her goals. . . .
She was present for her scheduled appointments but
has missed the past [two] weeks.’’ (Internal quotation
marks omitted.)
Although Pizzuto testified that the respondent had
been consistent with her mental health treatment
between November, 2021, and October, 2022, she also
testified that the respondent stopped showing up in
October, 2022, and additional evidence shows that she
missed two weeks of appointments in February, 2022.
Accordingly, after considering Pizzuto’s testimony and
report, the court reasonably could have found that the
respondent was inconsistent with her mental health
treatment at Footsteps Counseling, and, therefore, the
court’s finding to that effect is not clearly erroneous.
Third, the respondent argues that the court improp-
erly found that that her testimony did not adequately
acknowledge the children’s needs. To support her argu-
ment, the respondent points to the following testimony:
‘‘[The Respondent’s Counsel]: And just moving on to
visitation with the kids. What types of activities do you
do with the children during visitation?
‘‘[The Respondent]: . . . [T]he girls get agitated
because it’s just a room. They get bored, so I see the
creative side in them, so I bring toys. . . . [T]hey love
coloring, so I didn’t bring the markers. [Z is] like ‘why
you didn’t bring the markers?’ She’s very outspoken. I
bring all types of things that I can think of, little beach
balls, bubbles, safe things. And I also want them to,
because learning in the WCP they didn’t play with each
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other, so I try to bring activities that they can both
play with.
***
‘‘[Counsel for the Minor Children]: How much addi-
tional time do you think you need?
‘‘[The Respondent]: . . . I would like to be given a
grace period because I do recognize that all the choices
I made, I have a lot of like starts and beginning, but I’ve
never given up because ultimately I was hoping for the
well-being of the children, more or less, not for my sel-
fish gain. What was best for them because I under[went]
a lot through my parents and especially my own father.
So, I would hope to give them a promising future.’’
The respondent argues that such testimony demon-
strates concern for the children’s needs during visits
and a desire to provide the children with a promising
future. The court, however, found the following: ‘‘The
[respondent’s] testimony, in the court’s view, did not
even adequately acknowledge the children’s needs.
Although the [respondent] testified about the steps she
is taking to better herself, she did not testify that she
had made any realizations or come to any conclusions
regarding the needs of the children, or her ability to
prioritize them.’’ Indeed, the respondent testified about
her desire to entertain the children during visits and to
provide them with a ‘‘promising future,’’ but she did not
testify about the children’s developmental, emotional,
educational, or moral needs, such as therapy, perma-
nency, and safety. Regarding a restraining order against
L’s father, the respondent stated only that ‘‘I will always
be my own self advocate and keep myself safe.’’ She
did not testify about the restraining order as it relates
to the safety of the children. Although the respondent
argues that she acknowledged the children’s needs, ‘‘[i]t
is well established that [i]n a case tried before a court,
the trial judge is the sole arbiter of the . . . weight to
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In re Zarirai S.

be given specific testimony. . . . On appeal, we do not
retry the facts . . . .’’ (Internal quotation marks omit-
ted.) In re Niya B., supra, 223 Conn. App. 499. Thus,
the court could have reasonably found that, taken as a
whole, the respondent’s testimony failed to adequately
acknowledge the children’s needs, and, therefore, this
finding is not clearly erroneous.
Fourth, the respondent argues that the court improp-
erly found that she ‘‘only began limited engagement with
certain services—concerning intimate partner violence
and mental health—in May and August of 2023, six
months before the court held the [termination of paren-
tal rights] trial.’’ In support of her claim, the respondent
points to evidence that she began participating in coun-
seling at the WCP in March, 2021, at Footsteps Counsel-
ing in November, 2021, and at Intercommunity Health-
care’s IOP in February, 2022.4 Even assuming that the
4
We note that the challenged finding appears in a portion of the memoran-
dum of decision in which the court addressed the respondent’s claim that
she would be able to rehabilitate herself within three to six months. In
rejecting that contention, the court noted that, notwithstanding the respon-
dent’s recent participation in mental health and intimate partner violence
services with CMHA and McCall Behavioral Health beginning in May and
August, 2023, respectively, both providers were of the opinion that the
respondent needed substantial additional treatment. The court found that,
‘‘based on the evidence of the [respondent’s] need for further engagement
with counseling services, as stated by the professionals she engaged with
at McCall Behavioral Health and CMHA, the court cannot assume, based
on the [respondent’s] representation, that permitting her six additional
months to adequately rehabilitate will have a sufficient result.’’ Elsewhere
in the memorandum of decision, the court expressly found that the respon-
dent had participated in services with other providers at various points
from 2021 through 2023, but that her engagement with such services was
inconsistent. Specifically, the court found that the respondent was dis-
charged from the WCP in 2021, refused to attend the IOP at Wellmore
Behavioral Health in 2022, failed to participate in all required sessions and
drug tests at Intercommunity Healthcare’s IOP in 2022, stopped attending
counseling at Footsteps Counseling in 2022, and inconsistently attended
services at Safe Haven in 2023. Thus, read in context, it appears that the
court’s finding that the respondent ‘‘only began limited engagement with
certain services . . . in May and August of 2023,’’ was not intended as a
finding that those were the only services that the respondent ever engaged
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challenged statement amounts to a clearly erroneous
finding, we disagree with the respondent’s contention
that it was harmful error.
Our review of the court’s memorandum of decision
indicates that the court’s determination that the respon-
dent had failed to rehabilitate did not rise or fall on
the premise that the respondent only recently began
engaging in services. Rather, the court’s analysis relied
heavily on the respondent’s long-term inability to pro-
vide stability and support for her children, her ongoing
inconsistency in engaging in treatment across multiple
providers, and her providers’ testimony that she
‘‘requires further counseling and needs at least eight
more months of treatment.’’ The court stated that ‘‘a
sufficient degree of personal rehabilitation is generally
characterized by factors like a consistent track record
with respect to engagement with services offered, satis-
faction, or at least attempted satisfaction, of specific
steps, the completion of applicable programs, and the
endorsement of a professional who has worked with the
individual,’’ none of which the court found applicable
to the respondent. The court further stated that its
determination that the respondent failed to achieve suf-
ficient rehabilitation ‘‘is especially true given that the
evidence demonstrates that the [respondent] engages
with and attends treatment inconsistently, that she has
no clear treatment path, and that the professionals she
is engaged with have recommended further counseling
and higher levels of care.’’ Because we conclude that
any error with respect to the court’s finding that the
respondent began engaging with mental health services
six months prior to trial is harmless considering the
respondent’s history of inconsistent and unsuccessful
treatment, a new trial is not warranted. See In re Leilah
in but, rather, was meant to explain why the court was not convinced that
three to six more months in treatment would be adequate for the respondent
to achieve sufficient rehabilitation.
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W., 166 Conn. App. 48, 70, 141 A.3d 1000 (2016) (new
trial was not warranted where error regarding factual
finding appeared harmless to determination taken as
whole).

Lastly, the respondent argues that the court improp-
erly found that she attended mental health treatment
at CMHA four times. The petitioner does not dispute
that this finding is erroneous as she concedes that ‘‘[t]he
record is not clear as to how many individual counseling
sessions [Helen] St. Germain [a clinician at CMHA] had
with [the respondent] at the time of trial.’’5 Rather, the
petitioner argues that such error is harmless because
the court’s concern was that, at the time of trial, the
respondent needed at least eight more months of mental
health treatment to reach her goals. We agree with the
petitioner because, as previously discussed, the court’s
determination that the respondent had failed to rehabili-
tate relied heavily on the inconsistency of the respon-
dent’s treatment as well as her need for additional treat-
ment, both of which are supported by the evidence.
Thus, because we conclude that the court’s finding that
the respondent attended treatment at CMHA four times,
5
At trial, St. Germain testified about her work with the respondent in
relevant part:
‘‘[The Petitioner’s Counsel]: So, you have been seeing her since about
May, correct?
‘‘[St. Germain]: I have been seeing [her] since May for group treatment
and . . . the . . . end of August . . . is when we began really doing indi-
vidual work. So, it’s only been a couple of months.
‘‘[The Petitioner’s Counsel]: So, it’s really only been while you’ve seen
her in groups for about seven months, individually would you say it’s been
about three or four?
‘‘[St. Germain]: Yes.
***
‘‘[Counsel for the Minor Children]: So, how many individual sessions have
you had with the [respondent]?
‘‘[St. Germain]: I cannot say exactly how many, but since September it’s
been either every week or every other week that I met with her. May[be]
a brief lapse here and there because I was on vacation or if there’s a holiday.’’
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even if erroneous, is harmless error, a new trial is not
warranted.
B
We now turn to the respondent’s claim that the evi-
dence does not support the court’s determination that
she failed to achieve sufficient personal rehabilitation.
The respondent argues that she had rehabilitated because
she was successfully discharged from the Wellmore
Behavioral Health Supportive Housing Program, she
obtained housing and employment, and she had no
criminal involvement while this matter was pending.
We are not persuaded.
‘‘Personal rehabilitation as used in [§ 17a-112] refers
to the restoration of a parent to [her] former construc-
tive and useful role as a parent. . . . [I]n assessing
rehabilitation, the critical issue is not whether the par-
ent has improved [her] ability to manage [her] own life,
but rather whether [she] has gained the ability to care
for the particular needs of the child at issue.’’ (Internal
quotation marks omitted.) In re Eric M., 217 Conn. App.
809, 829, 290 A.3d 411, cert. denied, 346 Conn. 921,
291 A.3d 1040 (2023). ‘‘An inquiry regarding personal
rehabilitation requires us to obtain a historical perspec-
tive of the respondent’s child-caring and parenting abili-
ties.’’ (Internal quotation marks omitted.) In re Tremaine
C., 117 Conn. App. 590, 597, 980 A.2d 330, cert. denied,
294 Conn. 920, 984 A.2d 69 (2009). ‘‘Although the stan-
dard is not full rehabilitation, the parent must show
more than any rehabilitation. . . . Successful comple-
tion of the petitioner’s expressly articulated expecta-
tions is not sufficient to defeat the petitioner’s claim
that the parent has not achieved sufficient rehabilita-
tion. . . . [E]ven if a parent has made successful
strides in her ability to manage her life and may have
achieved a level of stability within her limitations, such
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improvements, although commendable, are not disposi-
tive on the issue of whether, within a reasonable period
of time, she could assume a responsible position in
the life of her children.’’ (Citations omitted; internal
quotation marks omitted.) In re Alejandro L., 91 Conn.
App. 248, 260, 881 A.2d 450 (2005).
Here, our careful review of the record and the court’s
factual findings reveals that the evidence credited by
the court reasonably supports its determination that
the respondent had failed to achieve sufficient rehabili-
tation to be able to parent the children within a reason-
able time. The respondent has not played any role in
caring for or raising the children, as Z and L have been
in the petitioner’s custody since 2020 and 2021, respec-
tively. The respondent also failed to comply with the
court’s specific steps for reunification with the children.
Notably, the court ordered her to visit with the children
as often as permitted, but the respondent was inconsis-
tent with visitation. Between January and February,
2022, the respondent cancelled or was late to several
virtual visits. The respondent then began attending QPC
sessions in July, 2022, but she was discharged in Novem-
ber, 2022, due to lack of engagement. The department
thereafter offered the respondent visitation with the
children at its office, but she declined visitation with
the children between October 6, 2022, and December
29, 2022. As discussed in part I A of this opinion, the
respondent’s testimony failed to even adequately
acknowledge the children’s needs for stability and
safety.
The court’s specific steps also ordered the respon-
dent not to use illegal drugs and to comply with drug
tests, but she failed to comply with these steps. In
October, November and December, 2021, while
attending the WCP, the respondent tested positive for
opioids. In January, 2022, she refused to engage in ran-
dom drug testing, so the court ordered her to participate
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in a hair follicle test, which returned positive for mari-
juana in February, 2022. The respondent thereafter
attended the IOP at Intercommunity Healthcare where
she refused to engage in drug testing. In April, 2023,
she admitted to the department that she was using
marijuana while having an expired medical marijuana
card. In July, 2023, while attending intake at McCall
Behavioral Health, the respondent admitted to smoking
large amounts of marijuana and she tested positive for
marijuana in September, 2023.
Furthermore, the department offered the respondent
services relating to, inter alia, intimate partner violence,
housing, parenting, and substance abuse, since first
becoming involved with Z, but she has engaged with
such services inconsistently. She was discharged from
the WCP without completing the program because she
violated its rules by, inter alia, testing positive for drugs,
failing to supervise L, and leaving the facilities without
permission. The respondent’s providers, including St.
Germain, reported that the respondent needs further
counseling and at least eight more months of treatment.
Ana Aldana, who provided counseling to the respondent
at McCall Behavioral Health, additionally reported that
the respondent’s attendance was inconsistent and rec-
ommended that she engage in a higher level of care.
The respondent did not present any evidence that any
of the professionals she engaged with support her posi-
tion. Moreover, the respondent requested that the court
give her three to six additional months to rehabilitate
to an appropriate level, which indicates that she recog-
nized her failure to rehabilitate sufficiently at the time of
trial. In considering this request in light of her providers’
testimony, the court found that a realistic possibility
existed that she would fail to sufficiently rehabilitate
even if given an additional six months.
The evidence reasonably supports the trial court’s
findings that the respondent has not maintained a pres-
ent and stable position in the children’s lives, she has
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failed to consistently and meaningfully participate in
services provided by the department, she requires fur-
ther mental health treatment to reach her goals, and
she has failed to even acknowledge her children’s needs
for permanency and stability. Although the respondent
encourages us to focus on the positive aspects of her
behavior and to ignore the negatives, ‘‘we will not scruti-
nize the record to look for reasons supporting a differ-
ent conclusion than that reached by the trial court.’’ In
re Shane M., supra, 318 Conn. 593. We simply cannot
find fault with the court’s reasoning that, ‘‘[a]lthough
the court does not doubt that the [respondent] loves
the children, she has been given chances before and
many years have passed. She has failed to even meet
the court-ordered specific steps for reunification with
the children, which weighs heavily against her.’’ Thus,
we conclude that the court reasonably determined, on
the basis of its subordinate factual findings and the
reasonable inferences drawn therefrom, which were
adequately supported by the evidence, that the respon-
dent failed to achieve sufficient rehabilitation that
would encourage the belief that, within a reasonable
time, she could assume a responsible position in the
children’s lives.
II
The respondent next claims that the trial court
improperly determined that she had failed to rehabili-
tate because the court compared the parenting of the
respondent with that of the foster parents. We disagree.
‘‘The interpretation of a trial court’s judgment pre-
sents a question of law over which our review is plenary.
. . . As a general rule, judgments are to be construed
in the same fashion as other written instruments. . . .
The determinative factor is the intention of the court
as gathered from all parts of the judgment. . . . Effect
must be given to that which is clearly implied as well
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as to that which is expressed. . . . The judgment
should admit of a consistent construction as a whole.
. . . If there is ambiguity in a court’s memorandum of
decision, we look to the articulations that the court
provides.’’ (Internal quotation marks omitted.) In re
James O., 322 Conn. 636, 649, 142 A.3d 1147 (2016).
‘‘When the petitioner seeks to terminate a parent’s
parental rights on the ground that the parent has failed
to rehabilitate, [t]he trial court is required, pursuant to
§ 17a-112, to analyze the [parent’s] rehabilitative status
as it relates to the needs of the particular child, and
further . . . such rehabilitation must be foreseeable
within a reasonable time. . . . Therefore, the trial
court must first determine the needs of the particular
child before determining whether a parent has achieved
a sufficient rehabilitative status to meet those needs.’’
(Citation omitted; emphasis in original; internal quota-
tion marks omitted.) Id., 650.
‘‘Turning to the ability of a trial court to consider
evidence of the abilities of a foster parent when adjudi-
cating a petition to terminate parental rights, [our
Supreme Court has] recognized that such determina-
tions are particularly vulnerable to the risk that judges
or social workers will be tempted, consciously or
unconsciously, to compare unfavorably the material
advantages of the child’s natural parents with those of
prospective adoptive parents and therefore to reach a
result based on such comparisons rather than on the
statutory criteria.’’ (Internal quotation marks omitted.)
Id. ‘‘It is . . . essential, in considering a petition to
terminate parental rights, to sever completely the issues
of whether termination is statutorily warranted and
whether a proposed adoption is desirable. Although
petitions for termination are presumably seldom
brought unless prospective adoptive parents are avail-
able, there still must be a two-step process to determine,
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first, the threshold question of whether cause for termi-
nation . . . has been proved. . . . Accordingly, we
have held that [o]nly if a ground for termination exists
may the suitability and circumstances of adoptive par-
ents, in an appropriate proceeding, be considered.’’
(Citations omitted; internal quotation marks omitted.)
Id., 650–51; see also In re Baby Girl B., 224 Conn. 263,
275, 618 A.2d 1 (1992).
‘‘We do not permit foster or preadoptive parents to
intervene in termination proceedings because to do so
would permit them to shape the case in such a way
as to introduce an impermissible ingredient into the
termination proceedings. . . . We have never held,
however, that a foster parent may not testify during the
adjudicative phase of a termination proceeding or that
a trial court may not consider evidence that arises
within the context of a foster placement that is relevant
to one of the statutory grounds raised for termination
of parental rights.’’ (Citation omitted; internal quotation
marks omitted.) In re James O., supra, 322 Conn. 651;
see also In re Anthony H., 104 Conn. App. 744, 752,
936 A.2d 638 (2007) (trial court noted that ‘‘[the child]
requires a substantial amount of structure, which his
prior therapeutic foster homes were able to provide’’
within context of specific needs of child), cert. denied,
285 Conn. 920, 943 A.2d 1100 (2008); In re Shyliesh H.,
56 Conn. App. 167, 171–72, 743 A.2d 165 (1999) (child’s
interactions with foster mother, in contrast to interac-
tions with other adults, were evidence of psychiatric
condition relevant to specific needs of child).
‘‘We must determine, therefore, whether the trial
court properly considered evidence of the children’s
foster placement as relevant to an aspect of an adjudica-
tory ground for termination, or rather, as the respondent
contends, it improperly reasoned that termination was
warranted’’ because the foster parents are better or
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preferable parents when compared with the respon-
dent. In re James O., supra, 322 Conn. 652.
In re James O., supra, 322 Conn. 636, is analogous
to the present case. In that case, the trial court, in
determining that the mother had failed to rehabilitate,
stated: ‘‘More important than the disclosures, however,
is the clear and convincing evidence that the children
have made extraordinary progress while living with [the
foster mother], in an environment that is calm and
understanding of the children’s needs. . . . As the chil-
dren’s progress, relationship and work with [the foster
mother] makes clear, the process of healing and recov-
ery must also occur in a home environment which the
children have come to learn is safe and caring. Given
[the foster mother’s] training and participation in ther-
apy sessions, it is clear that this process cannot be
limited to the one hour per week session that a child
has, even with a trust[ed] therapist. In contrast, [the
mother] is volatile and prone to violence, unable to set
appropriate limits, unwilling to talk with the children’s
therapists and, therefore, unable to help them use cop-
ing skills to manage their anxiety and ultimately, unwill-
ing to believe the children’s statements regarding the
trauma. In short, [the mother] has none of the qualities
[that] the children have required to stabilize and to
continue to heal from the traumas they experienced
while in their parents’ care.’’ (Internal quotation marks
omitted.) Id., 653–54. Our Supreme Court found that
the court had discussed the foster mother in light of
the specific needs of the children. Id., 655. It, therefore,
held that, ‘‘because the trial court found that the
[mother] had none of the qualities necessary to meet
her children’s needs . . . the court did not improperly
compare the abilities of the [mother] and [foster
mother] in making its finding during the adjudicatory
phase that the [mother] failed to achieve a reasonable
degree of rehabilitation.’’ Id., 657.
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In the present case, the court made two findings that
are relevant to this appeal. First, the court stated: ‘‘The
[respondent] is unable to meet the developmental, emo-
tional, educational, and moral needs of the children.
This is especially true given the children’s need for
permanency at their ages, as [Z] is five years old and
[L] is two years old, and their attachments to their
shared foster family, which provides them with love
and stability as well as familiarity as their maternal
grandparents. Further, [Z] has been in the care of the
[petitioner] since before her second birthday and has
lived with this foster family for almost two years. Simi-
larly, [L] has been in the care of the [petitioner] since
before her first birthday and has lived with this foster
family for over two years.’’ Second, regarding the
respondent’s request for six additional months to reha-
bilitate, the court stated: ‘‘Additionally, apart from the
likelihood that the [respondent] may sufficiently reha-
bilitate if given the time she requested, the lack of any
guarantee that such rehabilitation will occur weighs
heavily here because the children require permanence
in their lives. The children are presently benefitting
from a living situation that provides them with stability,
care, nurture, and love. Considering the young age of the
children, such a positive living situation is absolutely
integral to their healthy development. If the court was to
grant the [respondent’s] request, the children’s custody
status will continue to lack permanence when that is
exactly what they need at this stage.’’
After considering the challenged portions of the
court’s memorandum of decision within the context
of its overall analysis, we conclude that the court’s
adjudicative findings are appropriately centered on the
specific needs of the children, a necessary consider-
ation when determining whether a respondent has
failed to rehabilitate. Similar to In re James O., the
court referenced the foster placement, but it did so in
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light of the specific needs of the children. The court
noted that the children currently reside with their foster
parents, where they benefit from, inter alia, ‘‘a living
situation that provides them with stability, care, nur-
ture, and love.’’ By discussing the children’s foster
placement, the court recognized that, whoever the chil-
dren’s caregiver is, that individual must provide the
children with permanence. See In re James O., supra,
322 Conn. 654–55 (trial court properly discussed foster
parent’s attributes for purpose of determining that
‘‘whoever the children’s caregiver is, he or she necessar-
ily must play an important role in helping the children
continue to address and heal from their trauma’’). More-
over, unlike In re James O., the court in the present
matter did not use any comparative language, such as
‘‘in contrast,’’ to describe differences between the
respondent and the foster parents. See id., 653. Rather,
the court merely sought to describe the kind of environ-
ment a caregiver must be able to provide for the chil-
dren.
After the court determined the children’s specific
needs, it compared those needs with the abilities of the
respondent and found that ‘‘the [respondent’s] personal
history and testimony indicate that, while she may be
making progress in addressing the issues that affect her
individual development and safety, she is still not able
to fully grasp the importance of assuming responsibility
for the safety and developmental needs of the children.
. . . The [respondent’s] testimony, in the court’s view,
did not even adequately acknowledge the children’s
needs. Although the [respondent] testified about the
steps she is taking to better herself, she did not testify
that she had made any realizations or come to any
conclusions regarding the needs of the children, or her
ability to prioritize them.’’ Thus, as in In re James O.,
the court found that the respondent did not have the
minimum ability to meet her children’s particular needs,
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as she failed to even acknowledge those needs. See In
re James O., supra, 322 Conn. 656–57. ‘‘While we are
sensitive to the risks of a court comparing the abilities
of a natural parent who can meet the basic needs of
her children with the abilities of a foster parent who
is more capable of meeting those needs and then making
an adjudicatory determination based on who can better
meet the needs of the particular children, those risks
do not materialize when a court has found that a respon-
dent has failed to achieve any level of rehabilitation
and has none of the qualities necessary to meet the
needs of the particular children.’’ (Emphasis in origi-
nal.) Id., 657.
In sum, the court considered several factors, one of
which was the context of the children’s foster place-
ment, in finding that the children need a caregiver who
provides permanency in their lives. The court thereafter
found that the respondent ‘‘did not even adequately
acknowledge the children’s needs.’’ Because the court’s
statements regarding the foster placements were made
in the context of its finding that the respondent could
not meet the children’s needs, we conclude that the
court did not improperly compare the parenting of the
respondent and the foster parents in making its finding
during the adjudicatory phase that the respondent failed
to achieve a reasonable degree of rehabilitation.
III
Lastly, the respondent claims that the trial court
applied an improper legal standard in reaching its con-
clusion that the respondent failed to achieve a sufficient
degree of rehabilitation because it required her to guar-
antee rehabilitation within six months. We conclude
that the court did not require the respondent to guaran-
tee her rehabilitation, and, therefore, we reject the
respondent’s claim.
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‘‘Whether the trial court applied the proper legal stan-
dard is subject to plenary review on appeal.’’ (Internal
quotation marks omitted.) In re Eric M., supra, 217
Conn. App. 836. As previously stated, ‘‘judgments are
to be construed in the same fashion as other written
instruments. . . . The determinative factor is the inten-
tion of the court as gathered from all parts of the judg-
ment. . . . Effect must be given to that which is clearly
implied as well as to that which is expressed. . . . The
judgment should admit of a consistent construction as
a whole.’’ (Internal quotation marks omitted.) In re
Fayth C., 220 Conn. App. 315, 320, 297 A.3d 601, cert.
denied, 347 Conn. 907, 298 A.3d 275 (2023).
Section 17a-112 (j) provides in relevant part: ‘‘The
Superior Court . . . may grant a petition [to terminate
parental rights] . . . if it finds by clear and convincing
evidence that . . . (3) . . . (B) the child . . . has
been found by the Superior Court or the Probate Court
to have been neglected, abused or uncared for in a prior
proceeding . . . and the parent of such child 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 encour-
age 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
. . . .’’ Section 17a-112 ‘‘requires the court to find, by
clear and convincing evidence, that the level of rehabili-
tation [he or she] has achieved, if any, falls short of
that which would reasonably encourage a belief that
at some future date [he or she] can assume a responsible
position in [his or her] child’s life.’’6 (Internal quotation
6
As previously noted in footnote 2 of this opinion, the respondent chal-
lenges the court’s determination that she failed to rehabilitate pursuant to
§ 17a-112 (j) (3) (B) and (E). General Statutes § 17a-112 (j) (3) (E) provides
grounds for termination of parental rights where ‘‘the parent of a child under
the age of seven years who is neglected, abused or uncared for, has failed,
is unable or is unwilling to achieve such degree of personal rehabilitation
as would encourage the belief that within a reasonable period of time,
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marks omitted.) In re November H., supra, 202 Conn.
App. 122.

Here, the respondent argues that the court required
her to guarantee her ability to rehabilitate within six
months. In support of her argument, she points to two
portions of the court’s memorandum of decision. The
court first stated that, ‘‘apart from the likelihood that
the [respondent] may sufficiently rehabilitate if given
the time she requested, the lack of any guarantee that
such rehabilitation will occur weighs heavily here
because the children require permanence in their lives.’’
It also stated that the evidence ‘‘leaves the court with no
guarantee that giving the [respondent] six more months
will be in the children’s best interests.’’ Although the
court noted that the respondent could not ‘‘guarantee’’
her rehabilitation, the memorandum of decision, taken
as a whole, demonstrates that the court did not require
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 [petitioner] . . . .’’
‘‘The language of § 17a-112 (j) (3) (E) is very similar to [§ 17a-112 (j) (3)
(B)] in that both § 17a-112 (j) (3) (B) and § 17a-112 (j) (3) (E) provide
grounds for termination of parental rights based on the failure to rehabilitate.
The notable differences between the two are: (1) § 17a-112 (j) (3) (B) includes
a specific steps requirement, whereas § 17a-112 (j) (3) (E) does not; (2)
§ 17a-112 (j) (3) (B) does not include any language about whether the parent
is ‘unable or unwilling’ to be rehabilitated, whereas § 17a-112 (j) (3) (E)
does; and (3) § 17a-112 (j) (3) (B) refers to a prior finding of neglect for
the same child at issue in the termination proceeding, whereas § 17a-112
(j) (3) (E) refers to a prior termination of parental rights with respect to
‘another child . . . .’ The statute as a whole therefore provides more proce-
dural protection—in the form of specific steps—to parents who are involved
in their first termination proceeding, rather than their second or subsequent
proceeding, when faced with a claim of failure to rehabilitate.’’ (Emphasis
omitted.) In re Elvin G., 310 Conn. 485, 523, 78 A.3d 797 (2013) (Zarella,
J., dissenting).
Here, the respondent challenges the legal standard the court applied in
reaching its determination that she failed to achieve a sufficient degree of
personal rehabilitation, which goes to both § 17a-112 (j) (3) (B) and (E).
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the respondent to prove such guarantee and, therefore,
did not apply an improper standard.
Regarding the respondent’s rehabilitation at the time
of trial, the court found that she has been given years
to rehabilitate but has failed to consistently engage with
services offered by the department or even meet the
court-ordered specific steps for reunification with the
children. Accordingly, the court determined that, ‘‘on
the basis of the credible testimony and documentary
evidence presented, and pursuant to the requirements
of § 17a-112 (j) (3) (B) (i), the petitioner has met [her]
burden of proof by clear and convincing evidence that
the [respondent] has failed to achieve such degree of
personal rehabilitation as would encourage the belief
that within a reasonable time, considering the ages and
needs of the children, she could assume a responsible
position in their lives.’’ The respondent, apparently rec-
ognizing that she had failed to rehabilitate, requested
the court to provide her three to six additional months
to rehabilitate to a sufficient degree. Regarding this
request, the court found that, ‘‘based on the evidence
of the [respondent’s] need for further engagement with
counseling services . . . the court cannot assume
based on the [respondent’s] representation that permit-
ting her six additional months to adequately rehabilitate
will have a sufficient result.’’
After considering the challenged portions of the
court’s memorandum of decision within the context of
its overall analysis, we conclude that the court applied
the proper standard, i.e., whether the petitioner proved
by clear and convincing evidence that the respondent
had failed to achieve such degree of personal rehabilita-
tion to encourage the belief that she would assume
a responsible position in her children’s lives within a
reasonable time. Although the court noted that the
respondent could not guarantee rehabilitation within
six months, its analysis clearly demonstrates that it did
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not require her to prove such guarantee. Because the
court found that the petitioner proved by clear and
convincing evidence that the respondent had failed to
rehabilitate sufficiently and was not likely to rehabili-
tate sufficiently if given six additional months, the court
determined that grounds exist for termination of the
respondent’s parental rights pursuant to § 17a-112 (j)
(3) (B) and (E). Accordingly, we conclude that the court
applied the proper standard for determining whether
the respondent had achieved a sufficient degree of reha-
bilitation.
The judgments are affirmed.
In this opinion the other judges concurred.