In re Deana E
In In re Deana E., 61 Conn. App. 197, 204-207, 763 A.2d 45 (2000), cert. denied, 255 Conn. 941, 768 A.2d 949 (2001) the Court concluded that the trial court did not abuse its discretion when it declined to apply the Mathews balancing test in denying the respondent's motion to bifurcate the termination of parental rights hearing. In re Deana E., supra, 61 Conn. App. at 204-207.
"The statute 17a-112 (c) (3) (B), now (j) (3) (B) protects the due process rights of the respondent by requiring clear and convincing evidence in the adjudicatory phase. Using the balancing test of Mathews, therefore, is unnecessary and superfluous. In addition, Practice Book 33-3 now 35a-7 specifically allows the court, at its discretion, to combine both phases into one hearing. We find that it was reasonable for the court to conclude that another court would not consider evidence inappropriately." In re Deana E., supra, 61 Conn. App. at 207.