Opinion
No. H12-CP05-010580-A
December 22, 2006
MEMORANDUM OF DECISION
These are actions brought by The Department of Children and Families ("DCF") seeking to terminate the parental rights of the biological mother and the biological father of Savannah N. (hereinafter referred to as "Savannah N." or "child"). The biological mother of the child is Grace R. (hereinafter referred to as "Grace R." or "Mother") and the biological father is Daniel N. (hereinafter referred to as "Daniel N." or "Father"). The court finds that there is no action pending in any other court affecting Savannah N.'s custody and that this court has jurisdiction in this matter.
On 12/9/05 a 96-Hour Hold was invoked on the child, Savanhah N.
On 12/12/05, a Neglect and OTC Petition was filed by DCF, State of Connecticut in Superior Court for Juvenile Matters on behalf of Savannah N.
The allegations of the petition were Neglect in that the child was denied proper care and attention, physically, educationally, emotionally or morally and she was permitted to live under conditions, circumstances or associations injurious to her well-being.
On 3/13/06, the child was adjudicated neglected; the child was committed to the care and custody of DCF and the commitment was ordered maintained until further order of the court.
On 8/23/06, a Petition for Termination of Parental rights was filed as to both Mother and Father.
The biological Mother and biological Father were both served with notice of the petition of Termination of Parental Rights.
On 9/22/06, the date on which the hearing had been scheduled, return of service was confirmed, Mother was advised and entered denials. Father did not appear on 9/22/06, and was defaulted, and a date of 10/30/06 was set for a CSC. On 10/30/06 Mother appeared at the CSC and expressed her willingness to consent to the TPR. Thereafter, on that date, the court canvassed Mother, and found that she knowingly and voluntarily consented to the termination with the assistance of competent counsel. The court found such termination as to Mother was in the best interest of the child by clear and convincing evidence and a default trial of 12/14/06 was set for Father.
On 12/14/06 Father failed to appear and a default was entered. At the time of the trial on 12/14/06, the State submitted one exhibit, a Social Study for the Termination of Parental Rights dated September 13, 2006, being the same exhibit submitted at the time of Mother's consent on 10/30/06. After the State rested, no further evidence was offered and the Court ordered the Father defaulted.
The grounds of this petition for the Termination of Parental Rights as to Father are abandonment and no ongoing parent-child relationship. The grounds as to Mother were dropped and the ground of consent was substituted at the time of trial.
The court carefully considered all the evidence presented at trial. The court applied the burden of proof applicable to the termination of parental rights petitions. Only evidence relevant to the adjudication date was considered as a part of adjudication proceedings on the termination petitions.
I FACTUAL FINDINGS A. Background/Present Situation
On 12/8/05, DCF's hotline received a report from a Hartford Hospital social worker, stating that Mother gave birth to a baby girl, Savannah N., on 12/6/05. The baby was born premature at 33 weeks gestation and weighed 4 lbs, 10oz. It was also reported that Mother had sporadic prenatal care and that she tested positive for barbiturates at delivery. The baby was placed in the Neonatal Intensive Care Unit (NICU).
Mother has two children: Sierra N., DOB 7/13/00 and Savannah N., DOB 12/6/05. Mother has a history with the Department, which includes physical neglect of Sierra N. in 11/01 and 12/01, due to domestic violence between Mother and Father. Physical neglect of Sierra N. was again substantiated in 10/03 due to domestic violence between Mother and maternal aunt, Melissa Roy. Mother also has an extensive history of prescription drug abuse. The case was transferred to ongoing services and mental health and substance abuse services were offered to Mother.
Neglect petitions were filed on 9/18/03 on behalf of child, Sierra N. and an Order of Temporary Custody was requested and received on 10/24/03. The child was adjudicated neglected and committed to the care of and custody of the Department of Children and Families. A Petition for Termination of Parental Rights was filed with this court on 8/25/05.
On 12/9/05, the DCF social worker interviewed Mother while she was at the hospital. She admitted to a history of prescription drug abuse, alcohol abuse and marijuana abuse. During her teen years, Mother used many drugs such as ecstasy, cocaine, and marijuana. She denied any current use of illegal drugs and stated that she last used marijuana on 12/04. Mother was taking Fiorcet for migraines and reported that she last used Fiorcet and half of a Vicadin three days before delivery (12/3/05) to assist with a migraine. She was unable to state how often she takes Fioricet or Vicadin. Mother reported that she missed a few prenatal appointments, but not a lot. She switched medical providers when she was 16 weeks pregnant with a due date of 1/16/06. Mother reported a history of mental illness, with a diagnosis of ADHD, mood disorder and substance abuse. She was attending individual counseling at North Central Counseling and intended, upon her discharge, to reside with her child at the Fresh Start program. Mother was previously kicked out of her home by her father. She was not able to give a reason as to why she was asked to leave her home, stated only that paternal grandfather is using "tough love." Mother's friends and family have helped her to purchase baby supplies. Mother stated she did not see a need for DCF intervention at that time.
A Hartford Hospital social worker expressed concern that Mother appeared in the NICU to visit with her child, dressed in hospital scrubs, as the social worker was concerned that Mother might be a flight risk with the child.
Savannah N. was scheduled to be discharged from Hartford Hospital on 12/10/05; however, on 12/10/05 the child began to show symptoms of withdrawal therefore the child was not discharged on that date. She was receiving Phenobarbital to assist with withdrawals.
Mother was discharged from Hartford Hospital on 12/10/05 and was scheduled to enter the Fresh Start program on 12/10/05. She did not enter the program, as scheduled.
Mother has a positive criminal history which includes the following arrests and convictions: 12/19/95 disorderly conduct, 3/22/96 violation of protective order, 1/28/97 violation of protective order, 3/31/97 breach of peace, 12/21/99 evading responsibility, 6/23/02 disorderly conduct, 10/7/02 assault 3, failure to appear, 3/26/04 harassment 2, 11/2/04 assault 3, breach of peace, 3/14/05 assault 3, failure to appear.
Grace R. is incarcerated at York Correctional Institute in Niantic, Connecticut. On 1/31/06 she was ordered to serve 9 months due to an extensive criminal history. She has not been actively involved with substance abuse services, mental health treatment, or random screening since January 2005. DCF has on-going safety concerns regarding Grace R.'s home due to an extensive history of domestic violence among family members. Mother was put on two years probation in February 2005, and one of the conditions of probation was that she not reside with her twin sister, however, she has continued to do so. Mother was arrested in March 2005 for assaulting her sibling and has pending charges in Enfield Superior Court. She was scheduled for a court date on 9/27/05.
Based on Mother's extensive mental health and prescription drug abuse history, despite numerous treatment attempts and her inability to care for her older child, a 96-Hour hold was invoked on 12/9/05 regarding child, Savannah N.
Mother's parental rights to another child, Sierra N., were terminated on 1/11/06 pursuant to a Termination of Parental Rights filed by DCF.
Father has not come forward with a plan for child. He has an extensive history of domestic violence with Mother.
B. Grace R. Mother
Grace R. was born on 08/24/79 and is the biological daughter of Louis and Grace R. She has two siblings, an older sister and a twin sister. Grace R. has resided in Windsor, CT her entire life and attended school within the Windsor School System, graduating from Windsor High School in 1998. Grace R. she had been diagnosed with depression and has been on numerous medications over several years.
Grace R. has had two biological children, Sierra and Savannah N. She has never been married. She had lived with her father and twin sister at 120 Basswood Road in Windsor until being incarcerated in January 2006. Her mother passed away from cancer on 9/20/02.
Grace R. has a history with DCF dating back to 10/4/01, due to neglect issues. She has substantiations for physical neglect and emotional neglect on 11/23/01, 12/18/01, 10/3/03, and 1/9/06. She has an extensive criminal history which includes disorderly conduct, motor vehicle violations, violation of a protective order, breach of peace, assaults, larceny, and failure to appear. In February 2005 she was put on probation for two years. In September 2005, she was put on probation for three years for picking up another criminal charge. On 1/31/06, Grace R. was ordered to serve 9 months at York Correctional Institution for Larceny in the 5th and violation of probation.
C. Daniel N., Father
Daniel N. was born on 2/11/72. He is the biological child of Daniel N. and Susan C. of Florida and Connecticut residences. He is an only child. He has lived in Windsor his whole life and owns a single family home at 575 Palisado Ave., Windsor. He attended school within the Windsor School System, completing up to the 9th grade at Windsor High School, before he dropped out. Daniel N. has not obtained his GED. He has never served in the military nor has he ever been married. Daniel N. has never contacted DCF since the birth of his child, Savannah N. He last contacted the Department on 12/5/03.
D. Savannah N., Child
Savannah N. was born prematurely, at 33 weeks gestation, on 12/6/05, at Hartford Hospital. She is the biological child of Grace R. and Daniel N. Savannah N. was placed in the care of her maternal aunt and uncle, a DCF Licensed Relative Foster Home, on 12/15/06. She has been residing with her older sibling, Sierra N., whose parental rights were terminated in January 2006. Savannah N. has been reaching all of her developmental milestones at appropriate stages. She is medically up to date and in July 2006, Birth to Three services evaluated her but reported that she was not in need of services.
E. Relatives, Stephanie and Michael L., Maternal Aunt and Uncle CT Page 23850
Stephanie and Michael L., maternal aunt and uncle, have had the child placed with them since she was released from the NIC Unit at Hartford Hospital on 12/15/05. They have informed the Department that they are willing to adopt Savannah N. if she is available for adoption. Savannah N.'s older sibling, Sierra N., was placed with them in November 2005. Termination of Parental Rights was granted in January 2006 for Sierra N. and Stephanie and Michael L. are in the process of adopting her.Michael L. works full-time for a carpet insulation company. Stephanie L. is a homemaker and also cares for two of their biological children. The family resides in a two-bedroom apartment in Windsor Locks, CT. The home is clean and neat with no hazards. The family reported that they are looking to moving into a larger home with four children residing in the home.
Michael and Stephanie L. have a strong family-based home with appropriate rules and discipline tactics for the children in the home. Stephanie L. has ensured that Savannah N. attends all of her medical appointments while taking time to bring Savannah N. to supervised visits with her Mother at York Correctional Institute.
II TERMINATION OF PARENTAL RIGHTS ADJUDICATION
The court must determine whether the proof provides clear and convincing evidence that a pleaded ground exists to terminate parental rights to Savannah N. as of the date of the filing of the petition.
A. Reasonable Efforts Finding
Unless a court has found in an earlier proceeding that efforts to reunify are no longer appropriate, DCF, in order to terminate parental rights, initially must show by clear and convincing evidence that it "has made reasonable efforts to locate the parent and to reunify the child[ren] with the parent, unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts." C.G.S. § 17a-112(j)(l). "Reasonable efforts means doing everything reasonable, not everything possible." In re Jessica B., 50 Conn.App. 554, 566, 718 A.2d 997 (1998).
On 10/17/06, the court made findings by clear and convincing evidence that efforts toward reunification were no longer appropriate for the parents.
The presenting problems with this family were abandonment, substance abuse, mental health issues, domestic violence, housing issues, neglect of the child, lack of parenting skills, and unemployment.
The following services were offered to Mother, Grace R:
Substance Abuse Inpatient Programs — New Life Center, Amethyst House, Women Children's Shelter; Fresh Start Program
Substance Abuse Outpatient Programs — New Directions, Johnson Memorial Services
Mental Health Treatment at Amethyst House, Johnson Memorial Services and New Directions
Individual counseling services through New Directions, Johnson Memorial Services
Parenting Groups through New Directions and Klingberg Family Center
Outreach Engagement/Case Management from Project Safe/ABH
Anger Management Groups from New Directions
Housing assistance/references
Visitation and Transportation
The following services were offered to Father, Daniel N.:
Substance Abuse evaluation/random screens — New Directions
Parent Aide Services — Klingberg Family Center
The parents are unwilling or unable to benefit from reunification in that:
Savannah N. is a child in need of permanency. She has been in foster care for eleven (11) months. This child needs a stable permanent home and a loving and nurturing family that can meet all her physical and emotional needs for her optimal development and well-being.
The parents are unwilling or unable to benefit from reunification services in that mother has refused to attend services offered by the DCF. Mother recently engaged in criminal activity that led her to arrest and incarceration. She does not have housing of her own and it does not appear that her income is sufficient to support herself.
Father has not been a stable part of his child's life.
The parents have been unable to benefit from services and cannot assume a responsible position in the life of the child.
In addition, DCF has made reasonable efforts to achieve the Permanency Plan.
B. Grounds for Termination: Abandonment — General Statutes § 17a-112(j)(3)(A) as to biological Father, Daniel N.
This ground is established when the child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern, or responsibility as to the welfare of the child. Sporadic efforts are insufficient to negate the claim of abandonment. The test for determining abandonment of a child for purposes of termination of parental rights is not whether a parent has shown "some interest" in his or her child, but rather, whether the parent has maintained any reasonable degree of interest, concern, or responsibility as to the child's welfare. In re Rayna M., 13 Conn.App. 23, 36, 534 A.2d 897 (1987).
Attempts to achieve contact with a child, telephone calls, the sending of cards and gifts and financial support are indicia of "interest, concern or responsibility." In re Migdalia M., 6 Conn.App. 194, 209, 504 A.2d 533 (1986).
The commonly understood general obligations of parenthood entail these minimum attributes: (1) express love and affection for the child; (2) express personal concern over the health, education and general well-being of the child; (3) the duty to supply the necessary food, clothing and medical care; (4) the duty to provide an adequate domicile; and (5) the duty to furnish social and religious guidance. (Citations omitted; internal quotation marks omitted.) In re Kezia M., 33 Conn.App. 12, 17-18, 632 A.2d 1122 (1993); In re Roshawn R., 51 Conn.App. 44, 53, 720 A.2d 1112 (1998).
Ground A — Abandonment as to Savannah N. by biological Father, Daniel N.
Father has not contacted DCF since 12/5/03.
During said time Father has not recognized the child on special occasions through sending cards, or gifts or making phone calls to the child.
During said time, Father has maintained no contact with the Petitioner to find out how the child was doing or to ask how he could contact his child.
During said time, Father has not supported the child, physically, emotionally or financially.
During said time, Father has made no financial contributions to his child's maintenance.
C. Grounds for Termination: No Ongoing Parent-Children Relationship — General Statutes § 17a-112(j)(3)(D) as to biological Father, Daniel N.
This ground alleged by DCF requires proof, by clear and convincing evidence, that there is no ongoing parent-child relationship, which means "the relationship that ordinarily develops as a result of a parent having met on a day-to-day basis the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child."
This statutory definition, as it has been interpreted in case law, requires a finding that "no positive emotional aspects of the relationship survive." In re Jessica M., 217 Conn. 459, 470, 586 A.2d 597 (1991). It is inherently ambiguous when applied to non-custodial parents who must maintain their relationship with their child through visitation." Id., 459; In re Valerie D., 223 Conn. 492, 531, 613 A.2d 748 (1992). Although the ultimate question is usually whether the child has no present memories or feelings for the natural parent, the existence of a loving relationship or a "psychological parent" relationship with one other than the natural parent does not, of itself, establish the no ongoing parent-child relationship ground for termination. In re Jessica M., supra, 473-75.
Unlike the other nonconsensual grounds to terminate parental rights, the absence of a parent-child relationship is considered a "no fault" ground for termination. To establish this ground requires the trial court to make a two-pronged determination. First, there must be a determination that no parent-child relationship exists; and second, the court must look to the future and determine whether it would be detrimental to the child's best interest to allow time for such a relationship to develop. The absence of a parent-child relationship can be demonstrated in situations where a child has never known his or her parents so that no relationship ever developed between them, or where the child has lost that relationship so that despite its former existence, it has now been completely displaced. In re Juvenile Appeal (Anonymous), 177 Conn. 648, 670, 420 A.2d 875 (1979).
Judicial interpretation has imposed a requirement that a child have "present memories or feelings" for the parent, and "at least some aspects of these memories and feelings are positive" to overcome this ground. In re Jessica M., supra, 217 Conn. 475; In re Juvenile Appeal (84-6), 2 Conn.App. 705, 709, 483 A.2d 1101, cert. denied, 195 Conn. 801 (1984). The existence of positive feelings usually depends on the viewpoint of the child. In re Rayna M., 13 Conn.App. 23, 35, 534 A.2d 897 (1987). As the Appellate Court recently noted, "the feelings of the child are of paramount importance." In re Tabitha T., 51 Conn.App. 595, 602 (1999). "Feelings for the natural parent connotes feelings of a positive nature only." Id.
Ground D — No On-going Parent-Children Relationship as to Biological Father, Daniel N.
Paragraphs one through five of Ground of Abandonment as to Savannah N. by Daniel N. are hereby incorporated.
The lack of visits by Father demonstrates that he has little interest in the child and does not have the capacity to develop a parental relationship with the child.
The child does not have a connection or bond with their Father. The child does not recognize their Father as her parent in that she would not seek comfort from or go to her Father to have her needs met. The child is significantly bonded to her foster parents. The child seeks comfort from her foster parent to have her needs met.
Father does not have the knowledge, skill or capability of dealing with the child on a day-to-day basis.
For almost one year, there has been no on-going parent-child relationship and to allow further time for the establishment or re-establishment of such parent-child relationship would be detrimental to the best interest of the child.
Summary of Adjudicatory Findings
This court has found that the Commissioner has proved the following adjudicatory grounds by clear and convincing evidence: (1) that Father, Daniel N., has legally abandoned Savannah N. and has not maintained an ongoing parent-child relationship with the child.
Mother consented to the termination of her parental rights in open court. She filed written consent. This court found that the Mother voluntarily and knowingly consented to the termination of her rights, having received the advice and assistance of competent legal counsel and having understood the consequences of her actions. Her consent was accepted by this court.
The court finds that notice has been given in accordance with the Connecticut General Statutes and the Practice Book.
The court took jurisdiction in this matter; there is no pending action affecting custody of the child in any other court.
The petition has been amended to allege as the sole ground for termination of the Mother, her consent to the termination.
The court having read the verified petition and the social study, made the following findings by clear and convincing evidence.
Adjudication. The Mother has consented to the termination of her rights to her child and the consent was accepted by the court.
No findings are necessary to be made pursuant to Conn. Gen. Stat. § 17a-112 with regard to the Mother due to her consent.
III DISPOSITION
Except in the case where termination is based on consent, if grounds have been found to terminate parental rights, applying the appropriate standard of proof the court must then consider whether the facts as of the last day of trial, establish, by clear and convincing evidence, after consideration of the factors enumerated in C.G.S. § 17a-112(k), that termination is in the child's best interest. If the court does find that termination is in the child's best interest, an order will enter terminating parental rights.A. C.G.S. § 17a-112(k) Criteria
The court has found by clear and convincing evidence that the statutory grounds alleged by DCF for the termination of parental rights have been proven.
Before making a decision whether or not to terminate Daniel N.'s parental rights, as he did not consent [but rather a default plea was found by the court], the court will consider and make findings on each of the seven criteria set forth in C.G.S. § 17a-112(k). In re Romance M., 229 Conn. 345, 355, 641 A.2d 378 (1994).
These criteria and this court's findings, which have been established by clear and convincing evidence, are as follows:
1. "The timeliness, nature and extent of services offered or provided to the parent and the child by an agency to facilitate the reunion of the child with the parent."
The parents have been provided with ample services to facilitate the return of their child to the extent possible.
2. "Whether DCF has made reasonable efforts to reunite the family pursuant to the Federal Children Welfare Act of 1980, as amended."
DCF has made reasonable efforts to reunite the family.
3. "The terms of any court order entered into and agreed upon by any individual or agency and the parent, and the extent to which all the parties have fulfilled their obligations of such order."
Due to the lack of interest in Father, court orders have gone unfulfilled. 4. "The feelings and emotional ties of the child with respect to his parents, any guardian of such child's person and any person who has exercised physical care, custody or control of the child for at least one year and with whom the child has developed significant emotional ties."
The child has little if any positive feelings towards her Father but appears bonded with and has significant emotional ties with her current foster parents, with whom she has lived since 12/15/05.
5. "The age of the child."
Savannah N. is eleven (11) months old.
6. "The efforts the parent has made to adjust such parent's circumstances, conduct or conditions to make it in the best interest of the child to return to such child's home in the foreseeable future, including, but not limited to (A) the extent to which the parent has maintained contact with the child as part of an effort to reunite the child with the parent provided that the court may give weight to incidental visitations, communications or contributions and (B) the maintenance of regular contact or communication with the guardian or other custodian of the child."
The Father has made no effort to adjust his circumstances to permit his child to safely be in his care; he has failed to maintain regular contact with his child or with DCF.
7. "The extent to which a parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent."
DCF has encouraged the Father to maintain a meaningful relationship with his child; neither economic circumstances nor the unreasonable actions of any person have prevented the Father from having such a relationship.
B. Best Interest of the Child
Termination of Parental Rights is in the best interest of Savannah N. as to both parents. Mother has expressed that she will consent to having her parental rights terminated as to this child because she is not in a position to take on the responsibility of caring for her child. Given the age of the said child, the child's need to have her individual emotional and educational needs met, her need to have a permanent and stable home, her need to be raised in a nurturing and stable home, Grace R. and Daniel N., cannot, within a reasonable period of time, assume a responsible position in her life.
Grace R. has a history of substance abuse, criminal history, domestic violence, and has not adequately addressed the issues which led to the removal of the child. She has not addressed her housing, employment, mental health, and substance abuse issues.
Daniel N. has shown a lack of interest or ability to care for said child to the extent that he has no ongoing relationship with the child.
Termination of parental rights is in the best interest of Savannah N. so she can have permanency in her life. The child has bonded to her foster family which has provided care for her since 12/15/05.
The court finds by clear and convincing evidence that it is in Savannah N.'s best interests for Termination of Parental Rights to enter with respect to Grace R., her biological Mother and Daniel N., her biological Father.
IV CONCLUSION
The court having considered all statutory considerations and having found by clear and convincing evidence that grounds exist for termination of parental rights, further finds upon all the facts and circumstances presented, that it is in Savannah N.'s best interest to terminate the parental rights of Grace R., the biological Mother and Daniel N., the biological Father of the child. Accordingly, it is ordered that their parental rights to Savannah N. are hereby terminated.
It is further ordered that the Commissioner of the Department of Children and Families be appointed the statutory parent for the child for the purpose of securing an adoptive family and a permanent placement for the child.
The statutory parent is ordered to file the appropriate written reports with the court, as are required by state and federal law and which show the efforts to effect the permanent placement of this child.
BY THE COURT,