In re Lilyana L.

          Argued September 11, 2018 ^[**]

         Procedural History

         Coterminous petitions by the Commissioner of Children and Families to adjudicate the respondents' minor children neglected and to terminate the respondents' parental rights with respect to their minor children, brought to the Superior Court in the judicial district of Fairfield, Juvenile Matters at Bridgeport, and tried to the court, Ginocchio, J.; thereafter, the court amended the petition to terminate the parental rights of the respondent mother as to the minor child Lilyana L.; judgments adjudicating the minor children neglected and terminating the respondents' parental rights, from which the respondent mother appealed to this court.

         Affirmed.

          Karen Oliver Damboise, assigned counsel, for the appellant (respondent mother).

          John E. Tucker, assistant attorney general, with whom, on the brief, were George Jepsen, attorney general, and Benjamin Zivyon and Mildred Bauza, assistant attorneys general, for the appellee (petitioner).

          Rebecca A. Rebollo, for the minor child.

          Sheldon, Moll and Mihalakos, Js.

          OPINION

          MIHALAKOS, J.

         The respondent, Britney N., appeals from the judgment 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 child, Lilyana L.^[1] On appeal, the respondent claims that the trial court erred when it determined, pursuant to General Statutes § 17a-112 (j) (3) (F), that the respondent committed an assault, through a deliberate, nonaccidental act that resulted in serious bodily injury to another child of the parent.^[2] We affirm the judgment of the trial court.

         The facts of this case involve the termination of the respondent's parental rights as to her daughter, Lilyana, which was based on the respondent's abuse of another child, Avah L. The following facts and procedural history are relevant to this appeal. This appeal arises from coterminous neglect and termination of parental rights petitions filed with respect to the respondent's minor children, Lilyana (born in May, 2015) and Avah (born in March, 2016).^[3] On October 21, 2016, the petitioner filed petitions for the termination of the respondent's parental rights as to Avah^[4] and Lilyana. The termination petition as to Lilyana alleged, pursuant to § 17a-112 (j) (3) (F), that the respondent committed an assault, through a deliberate, nonaccidental act, that resulted in the serious bodily injury of another child of the parent.

         Until October 7, 2016, the children resided with the respondent and Avah's father, William L., in an apartment on the second floor of a three-family house. The respondent and William were the children's primary caretakers, although outside health care professionals came to the apartment on a regular basis to help with the care of Avah, who suffered from small gestational age, acid reflux, and torticollis.

         The petitioner filed the underlying petition following Avah's hospitalization on October 14, 2016. In its memorandum of decision, the trial court found the following facts regarding the events that transpired on that date: ‘‘[A]t approximately 5:40 p.m., police and emergency personnel responded to a 911 call . . . . The caller, who was [Avah's] father, [William], stated that he needed help, his baby was not breathing. Those who initially arrived at the scene described the infant, [Avah], as being nonreactive and nonresponsive. Her body was limp, and she was not able to move her arms or legs. . . . The child was taken to a nearby hospital. [Officer Mark Blackwell of the Bridgeport Police Department] spoke to the baby's father, [William], and asked [him] what happened. [William] responded that he was watching the baby after her mother, [the respondent], had left for work. He stated that he had to use the bathroom and, while in the bathroom, he left the baby on the bed in their bedroom. When he returned he found the baby, lying on her back, on the floor. He proceeded to call for help.''

         At Yale New Haven Children's Hospital, doctors diagnosed Avah with a head trauma, which resulted in a subdural hemorrhage and retinal hemorrhages. Avah also had three leg fractures, which included two healing fractures and one acute fracture, and facial bruising. Three days after her admission to the hospital, Avah experienced seizures related to her head injury. Lisa R. Pavlovic, a pediatrician and child abuse specialist at Yale New Haven Children's Hospital, examined Avah after she was admitted to the hospital. The trial court credited Pavlovic's opinion ...