Opinion
H12CP16016449A
03-06-2017
In re Zachariah C. [1]
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Robert G. Gilligan, Judge Trial Referee.
This child protection matter in the interest of the minor child, Zachariah C., born January 12, 2016, was commenced by an ex parte Order of Temporary Custody sought by the Department of Children and Families (" DCF") and issued by the court on April 29, 2016 (Mulcahy, J.) and Neglect Petition filed by DCF on the same date. On May 6, 2016 the Order of Temporary Custody was sustained as to Samaria C. (" Mother") and Edgardo R. (" Father"). On June 7, 2016 DCF filed a Termination of Parental Rights petition as to Father only. Father is the maternal uncle of Mother and was Mother's legal guardian since 2010. On December 29, 2016, Father consented to the termination of his parental rights following DNA evidence confirming his paternity of Zachariah which resulted from his sexual assault of Mother when she was eleven.
On the first day of the trial, DCF moved to amend the neglect petition to allege that Zachariah was uncared for as having specialized needs for which the child's home cannot provide. Mother, with the advice and assistance of her attorney and guardian ad litem, admitted the uncared for grounds and was canvassed by the court on her plea. Following adjudication, the parties proceeded to present evidence as a contested disposition matter.
Legal Standard
After an adjudication of neglect or that a child is uncared for, a court may (1) commit the child to the commissioner, (2) vest guardianship in a third party, or (3) permit the parent to retain custody with or without protective supervision. General Statutes § 46b-129(j). The court may weigh a number of interests to determine which disposition is in the best interest of the child, In re Kamari C.-L., 122 Conn.App. 815, 829, n.14, 2 A.3d 13 (2010). In evaluating which of the various custodial alternatives is in the best interest of the child, " [t]he judicial authority may admit into evidence any testimony relevant and material to the issue of the disposition, including events occurring through the close of the evidentiary hearing . . ." Practice Book § 35a-9.
Following a finding that a child is neglected or uncared for, the court must decide which of the various custodial alternatives is in the best interest of the child. " To determine whether a custodial placement is in the best interest of the child, the court uses its broad discretion to choose a place that will foster the child's interest in sustained growth, development, well-being, and in the continuity and stability of [the child's] environment." (Internal quotation marks omitted.) In re Haley B., 81 Conn.App. 62, 67, 838 A.2d 1006 (2004). In Re Brianna C., 98 Conn.App. 797, 804, 912 A.2d 505 (2006). " The trial court is vested with broad discretion in determining what is in the child's best interests." Schult v. Schult, 241 Conn. 767, 777-78, 699 A.2d, 134 (1997). " It is purposely broad to enable the trial court to exercise its discretion based upon a host of considerations." In re Alissa N., 56 Conn.App. 203, 208, 742 A.2d 415 (1999), cert. denied, 252 Conn. 932, 746 A.2d 791 (2000).
The Evidence
The court heard testimony from DCF social workers, Danielle Turner, Tiffany Howell and Michelle Pollard. Mother presented testimony from Karen Sylvia, Director of therapeutic foster care programs at The Village for Families and Children (" The Village") and Thomas Michalski, a clinical social worker with The Village. No witnesses were offered by counsel for the minor child. At the conclusion of the state's case, the court advised the parties that no adverse inference would be drawn from Mother's decision not to testify. Based on the testimonial and documentary evidence presented, the court finds that the following facts have been proven by a fair preponderance of the evidence.
Zachariah was born when Mother was twelve years old as the result of a sexual assault by her forty-eight-year-old maternal uncle and legal guardian. Mother reported that she had been sexually assaulted by her uncle over a period of years. Mother is committed to DCF and is undergoing weekly outpatient psychotherapy.
Mother is now thirteen and in the sixth grade at the High Roads School in Hartford. Mother's behavior in school has been problematic and uncontroverted testimony was presented that she has engaged in a number of behavioral issues, including inappropriate contact and physical aggression with peers and conflicts with school authorities. Mother has been physically restrained on multiple occasions as a result of aggressive behavior. Student classroom movement is monitored at High Roads and Mother's claims were reported at often at variance with staff accounts. DCF testified that the plan is to transfer Mother from High Roads which has a behavioral focus to a school with a clinical focus. DCF social worker Michelle Pollard testified that Mother used unspecified " drugs" in December 2016 which Pollard said was confirmed by a drug test conducted by DCF. After removal by DCF in April 2016, Mother was initially placed in a foster home with Marta S. Marta S. was married to the perpetrator uncle but was divorced from him more than twenty years ago. In November 2016 Mother and Marta S. had an argument in the presence of her social worker and respite care intervention was necessary. On December 12, 2016 Mother left the foster home with permission or telling the foster mother that she was leaving. DCF social worker Howell testified that Mother was missing for about two hours. On December 15, 2016, Mother left the home overnight to attend a " last hurrah" party at a male friend's home. Mother did not inform the foster mother of her leaving nor alert her of the need to look after Zachariah in her absence. On December 16, 2016 DCF acceded to the wishes of Mother and Marta S. that Mother be placed elsewhere and Mother was placed in a therapeutic foster home through The Village. Despite an initial period described as a " honeymoon" period, Mother left her second foster home on February 13, 2017 and was returned to the home by the Manchester Police. Despite placement in the second foster home, DCF continues to get calls from Mother and the new foster mother to intervene in their arguments
Best Interests of Zachariah
At thirteen months old, Zachariah needs a competent, stable, sober and responsible legal guardian to ensure his safety, provide for his needs and make important decisions concerning his care. Like many thirteen-year-old adolescents, Mother has been described as defiant and impetuous. Several witnesses testified, including Mother's witness Thomas Michalski, that at various times, Mother expressed ambivalence as to whether she wants to play a primary or secondary role in assuming the responsibility for parenting Zachariah. Such attitude is completely understandable from a thirteen-year-old, especially one who has experienced severe trauma. Mother has shown some progress in taking responsibility for Zachariah and there appears to be a loving bond between them. Nevertheless, the evidence presented decidedly shows that Mother, at the present time, has not demonstrated the degree of responsibility, stability and judgment required to ensure Zachariah's safety. Mother has her own needs and issues which understandably need to be addressed and require her attention. Accordingly, the court finds that it is in the best interests of Zachariah that he be committed to the Commissioner of the Department of Families and Children until further order of the court. The specific steps approved and ordered May 6, 2016 are hereby ratified and shall remain in effect until modified or vacated by the court.
So ordered