In re Valerie D.
223 Conn. 492, 613 A. 2d 748 (1992)
A state agency sought to terminate the parental rights of a mother
because she had used cocaine shortly before giving birth. The state
Supreme Court holds that Connecticut law does not authorize termination of
parental rights ont hat basis.
The state's argument was that prenatal use of cocaine fell within
the statute authorizing termination of parental rights for causing
"serious physical injury" to the child. The state conceded that on its
interpretation of state law termination of parental rights would be
warranted if a mother drank alcohol.
"[A]s [the state] conceded in oral argument in this court, the
same reading of [the state statute] that the [state] would have us adopt
would permit the [state] to seek termination of the parental rights of a
mother
who drank alcohol excessively during her pregnancy and delivered a baby
suffering from fetal alcohol syndrome. . . . [S]uch prenatal conduct is
harmful to the fetus in the womb and the child upon its birth. . . . [W]e
do not believe that the legislature intended the statute as currently
drafted to have such sweeping consequences."
223 Conn. at 525