Opinion
H12CP16016412A
03-13-2017
In re Shakora M. [1]
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
Mary-Margaret D. Burgdorff, J.
The matters before the court concern Shakora M., born on September 8, 2002, Corey M., born on August 16, 2004, and Legacee M., born on September 23, 2010. The children's mother is Porscha S. (Mother) and the children's father is Corey M. (Father). The court finds that notice has been given in accordance with the General Statutes and the Practice Book. The court has jurisdiction in this matter. There are no other actions pending in any other court affecting the custody of the children known to this court.
By way of procedural history, the Department of Children and Families (DCF) filed neglect petitions on behalf of the three children on March 28, 2016. Said petitions allege that the children are being denied proper care and attention physically, educationally, emotionally or morally and allege that the children are being permitted to live under conditions, circumstances or associations injurious to their well-being. Mother has a history of domestic violence and substance abuse, unaddressed mental health needs and involvement with the criminal justice system which has impacted her ability to care for her children. Father has a history of domestic violence and involvement with the criminal justice system which has impacted his ability to care for his children. Mother and Father continue to deny the allegations in the petitions. Ex parte orders of temporary custody were filed on behalf of the three children on August 19, 2016, and were sustained by the court on August 26, 2016. A motion to amend the neglect petition to include the facts as alleged in the affidavit filed with the order of temporary custody was granted by the court on September 13, 2016.
A motion for judicial notice was filed by DCF on February 10, 2017, and over partial objection, was granted by the court on February 22, 2017. Pursuant to said motion, the court takes judicial notice of the following:
1. Prior to April 18, 2016, a protective order was issued as to Father naming Mother the protected party;
2. On April 18, 2016, Father was convicted of assault in the third degree and violation of probation for violation of a protective order in violation of General Statutes § § 53a-61 and 53a-223. Father was sentenced to eighteen (18) months of incarceration;
3. On June 14, 2016, Father was convicted of forgery in the 3rd degree in violation of General Statutes § 53a-140 and failure to appear in the first degree in violation of Connecticut General Statutes § 53a-172. Father was sentenced to one year of incarceration on said date;
4. On May 3, 2016, Mother was convicted of criminal impersonation and larceny in the sixth degree in violation of General Statutes section § 53a-130 and 53a-125b. Mother was sentenced to serve one year of probation;
5. On August 17, 2016, DCF executed a 96-hour old as to Shakora M., Corey M., and Legacee M.;
6. On August 18, 2016, Mother was arrested for breach of peace in the second degree in violation of General Statutes § 53a-181. Mother was convicted for this offense on October 18, 2016 and granted a conditional discharge;
7. On August 19, 2016, the court (Burgdorff, J.) granted an ex parte order of temporary custody (OTC) which was subsequently sustained by the court (Dannehy, J.) on August 26, 2016;
8. On August 29, 2016, DCF filed a motion to amend the neglect petition to include facts identified in the motion for the OTC and the supporting documents;
9. On September 13, 2016, the court (Dannehy, J.) granted DCF's motion to amend;
10. On October 6, 2016, Mother was convicted of violation of probation in violation of General Statutes § 53a-32. Mother's probation was revoked and she was sentenced to 90 days incarceration on said date;
11. On November 3, 2016, Father was released from incarceration;
12. On January 23, 2017, Mother was released from incarceration.
The court conducted a hearing on February 22, 2017, with regard to the contested neglect petition. Mother and Father were present and were represented by counsel. The children were represented by counsel. DCF was represented by an assistant attorney general. The court finds that the parents were properly served with regard to this proceeding and that it has jurisdiction in this matter. Mother and Father are the biological parents of the children. Neither parent is claiming Indian Tribal Affiliation.
Nine exhibits were introduced as full exhibits by stipulation. These included the DCF Safety Assessment dated December 12, 2015, the DCF social worker affidavit, the DCF social study, two addendums to the social study, a police report from the Hartford Police Department, Mother's and Father's certified criminal histories, and Mother's records from Project Safe Drug. Testimony was heard from the assigned social workers, a Hartford Police Officer, a records keeper from InterCommunity Health, Mother's probation officer, and Father. All counsel had a full opportunity to cross examine the witnesses.
Upon consideration of the relevant and credible evidence including the demeanor of the witnesses, the exhibits introduced, the relevant case law and statutes, and arguments of counsel, the court, by a fair preponderance of the evidence, makes the following findings.
Mother
Mother was born on February 5, 1982. She graduated from high school in 2000. She started training at a hair school but was unable to finish due to being incarcerated. She has been employed as a tax preparer for nine years on a seasonal basis. Upon her release from her most recent incarceration in January 2017, mother found housing in an apartment where she currently resides. She is consistently engaging in supervised visits with the children and acts appropriately with them.
Mother was diagnosed with post traumatic stress syndrome during her incarceration in 2014 due to emotional abuse by her step-father during her childhood and domestic violence with a prior boyfriend. She reported an attempt to commit suicide in 2015 while incarcerated. Mother has a significant history of domestic violence with Father as well as a history of protective orders as the protected party.
Mother has an extensive criminal history which includes charges for criminal impersonation, forgery 2nd, larceny 6th, larceny 4th, larceny 5th, burglary 3rd, interfering, resisting arrest, identity theft, forgery 2nd, and failure to appear. As noted above, mother was incarcerated in 2014-15 and in 2016. Notably, in August 2016, Mother violated her probation due to an arrest for breaking a car window with a golf club. During her incarceration, Mother participated in and completed substance abuse, parenting and medication management programs.
Mother's child protection history includes a report of emotional neglect as to Legacee due to physical violence between Mother and Father. In December 2015, Mother was involved in a car accident at which time she was operating a motor vehicle with her niece in the car. Mother was admitted to the emergency department and tested positive for PCP. Mother entered into a safety agreement with DCF wherein she agreed not to have any unsupervised contact with Shakora, Corey and Legacee, and she agreed to engage in substance abuse treatment.
In addition to Shakora, Corey and Legacee, Mother has an older daughter, Precious, who was born on September 17, 1999. Precious has resided with her father for the past four years.
Mother has been in a relationship with Father for approximately 14 years. Mother and Father have a long history of domestic violence, with Father as the perpetrator, resulting in protective orders.
Mother has a significant history of substance abuse which includes marijuana and PCP use for the past thirteen years. Mother does not believe her use of marijuana and PCP affects her day to day routine. Mother has reported that she has no interest in stopping her use of PCP.
Mother attended Capitol Region for medication management in 2008-09. She completed a substance abuse evaluation at Wheeler Clinic on November 11, 2016, at which time she tested positive for PCP. She was then referred to the Intensive Outpatient Program (IOP) which was scheduled to begin on January 19, 2016. Mother did not attend until January 26, 2016. She missed sessions scheduled on January 29, 2016, February 1, 2016, and February 2, 2016. Mother reported not feeling comfortable at Wheeler and was referred for treatment only to InterCommunity Outpatient Counseling Center on February 9, 2016. A urine screen completed on February 9, 2016, returned positive for PCP. Mother was recommended to attend a substance abuse group but Mother reported not feeling comfortable in a group setting. Mother then commenced weekly individual sessions with her clinician. Mother tested positive for PCP and marijuana on February 10, 2016, February 17, 2016, and March 3, 2016. Mother cancelled her session with her clinician scheduled for March 14, 2016. Mother attended a session on March 21, 2016, but did not complete a urine screen. She failed to show on March 23, 2016, for the scheduled urine screen. She attended a walk in group session on April 20, 2016. Mother was discharged from IOP for failing to appear. It was recommended to Mother that she attend three walk in groups in order to return to IOP services. Mother had attended two walk in groups on April 27, 2016, and May 4, 2016. Her urine screen on April 12, 2016 tested positive for PCP and marijuana as well as on April 27, 2016, and May 16, 2016. She missed sessions at IOP on May 6, 2016, and May 9, 2016. Mother was unsuccessfully discharged from IOP at InterCommunity Health on May 9, 2016, due to lack of attendance. She was again recommended to attend three walk in groups but did not attend any of the sessions. Mother returned to InterCommunity Health for a medication appointment on May 16, 2016, and tested positive for PCP.
Mother completed a psychiatric evaluation at InterCommunity in order to enter inpatient treatment. She was diagnosed with post-traumatic stress disorder, moderate phencyclidine use disorder, severe cannabis use disorder, severe alcohol use disorder and adjustment disorder with depressed mood.
Mother admitted herself for detox at InterCommunity Health on June 30, 2016, and was released on July 13, 2016. She tested positive for marijuana on July 1, 2016. She was recommended to return to InterCommunity for outpatient services. On July 27, 2016, Mother returned to InterCommunity for IOP services. She tested positive for PCP and was recommended to attend an Early Recovery Group on a weekly basis but failed to do so. DCF continues to make referrals for Mother to CRT for substance abuse and mental health services. In addition, a referral has been made for Therapeutic Family Time.
On August 16, 2016, Mother reported to DCF that she was in the community with Shakora and that Shakora had stayed overnight in her home, in violation of the safety agreement.
Father
Father was born on December 11, 1978. He graduated from high school in 1998. He received a certificate for computer technology in 2001 while incarcerated. His employment history includes warehouse work and worked as a forklift operator in December 2015. Currently, he is employed full time at Dairy Farms. He resides with his sister who has a CPS history. DCF has submitted a referral for supportive housing for Father.
Father reports no mental health or substance abuse issues nor does he have any health concerns. DCF referred Father to CRT for substance abuse and mental health evaluations with no recommendations for follow up treatment.
Father has seven children. His four older children are in the care of their respective mothers.
Father has an extensive criminal history which includes charges for assault 3rd, breach of peace, larceny 6th, larceny 3rd, larceny 2nd, violation of probation, failure to appear, forgery 1st, violation of protective order, criminal trespassing, driving while under suspension, sale of hallucinogen, sale of controlled substance, possession of narcotics, interfering/resisting arrest, operating under the influence, unlawful restraint, failure to appear, robbery 1st and robbery 3rd. Father was incarcerated due to a violation of probation on October 27, 2015. He was then sentenced on June 14, 2016 for forgery 3rd. He was released in November 2016.
Father has a significant history of domestic violence and protective orders with Mother. He has acknowledged that domestic violence occurred in the presence of his children and that this has negatively impacted his children. Father engaged in and successfully completed domestic violence treatment at CRT via a referral from his probation officer. DCF has referred him to CRT for parenting services and Therapeutic Family Time services. DCF is also in the process of referring Father to an Intimate Partner Violence Fair program. Father has also acknowledged that he continues to need additional services and that he must complete his services before reunification with his children can be considered.
Since his release from incarceration, Father has consistently visited the children and has interacted well with them. He sets appropriate boundaries with them.
The Children
Shakora
Shakora was born on September 8, 2002. She has reached her developmental milestones without any concerns. She reports having a good relationship with Mother and Father as well as her siblings. She reports being very close with Mother. She understands that Mother needs treatment for her PCP use. She has consistently attended school. She has struggled with several subjects at school including Math and Science. She has done fairly well since transferring to Windsor High School and wishes to remain there. She is participating in cheerleading. While placed in the care of paternal grandmother, Shakora stayed out past curfew and was reported to be untruthful regarding where she was while out in the community. DCF has recommended that Shakora get involved with The Village for outpatient services in order to assist her with her past trauma and being out of Mother's home. In August 2016, Shakora reported not feeling comfortable in paternal grandmother's home. She is currently placed in a nonrelative foster home due to not feeling happy in maternal aunt's home. She is doing well in her current foster home. Shakora has expressed the desire not to live with Father due to her concerns regarding domestic violence with Mother.
Shakora completed a Multi-Disciplinary Evaluation (MDE) at Community Health Services on August 31, 2016. She was assessed to have low average and below average cognitive abilities. The CT Trauma Screen revealed that she has experienced many potentially traumatic experiences including witnessing violence, being a victim of violence, sexual abuse, death of a friend, being in foster care and being left alone for long periods of time. Shakora reported difficulty in feeling happy, concentrating and sleeping. She also reported feeling alone and not close to others. The MDE recommended that she be referred for individual psychotherapy to address her extensive trauma history and resulting symptoms. In addition, it was recommended that she engage in extracurricular activities she enjoys to help her improve her feelings about herself, her abilities and self-worth all of which may help to increase her social skills. Her foster parents have brought her to the Village Family Center for treatment. She is following up with her primary care doctor due to concerns about her obesity level and is following up with her dentist. Most recently, she has made progress at school but is not meeting the requirements for 9th grade. She was recently involved in a physical altercation which led to a school suspension.
Corey
Corey was born on August 16, 2004. He has reached his developmental milestones with no concerns. Corey reports a good relationship with Mother and Father as well as his siblings. Corey transitioned well to his current relative foster home. Prior to transferring to Sage Park Middle School in Windsor, he consistently attended school and is doing well academically with the exception of Social Studies and Science. He has had many unexcused absences and has arrived late to school on many occasions. He had one school suspension and referrals to the school office due to acting out behaviors. While placed with paternal grandmother, Corey was allowed to stay out past 11:00 P.M. Since transferring to his new school, he has done well. He is a healthy and active teenager who enjoys playing football.
Corey completed a MDE on August 31, 2016 at CHS. He was assessed to have moderately low and below average cognitive abilities. The CT Trauma Screen revealed that he has experienced several potentially traumatic events including witnessing violence, the death of multiple family members, and being in foster care. He reported sometimes having trouble feeling happy and sometimes having trouble sleeping. The MDE recommended that he be referred to individual psychotherapy to address his extensive trauma history and resulting symptoms. He was also recommended to continue to explore engaging in extracurricular activities he enjoys to help him feel good about himself, his abilities and his self-worth, all of which may help him to improve his social skills. His foster parents are bringing him to the Village Family Center for treatment.
Legacee
Legacee was born on September 23, 2010. She is continuing to reach her developmental milestones with no concerns. She has consistently attended school and has done well academically. She reports enjoying spending time with Mother and Father as well as her siblings. She has had many unexcused absences and has arrived late to school on many occasions prior to her transfer to elementary school in Windsor. She was not on grade level for reading and reported that she is unable to read. Since her removal from paternal grandmother's home, she has done well and is now almost at grade level. She continues to do well in maternal aunt's home. She has also started to engage in tantrums while in paternal grandmother's care. However, those have recently subsided since being placed with maternal aunt. Medically and dentally, she is up to date.
ADJUDICATION
As noted, DCF alleges that the children were neglected in that they were not cared for and permitted to live under conditions injurious to their well-being. DCF further alleges that the children were being denied proper care and attention physically, educationally, emotionally or morally. The court notes that " an adjudication of neglect relates to the status of the [children] and is not necessarily premised on parental fault. A finding of fault is different from finding who is responsible for the [children's] condition of neglect. Although Connecticut General Statute § 46b-129 requires both parents to be named in the petition, the adjudication of neglect is not a judgment that runs against a person or persons so named in the petition; [i]t is not directed against them as parents, but rather is a finding that the children are neglected." In re T.K., 105 Conn.App. 502, 505-06, cert. denied, 286 Conn. 914, 945 A.2d 976 (2008). " Nothing in § 46b-129 requires that the respondent parent in a neglect proceeding have custody for the court to adjudicate a neglect petition." In re Jessica S., 51 Conn.App. 667, 672, 723 A.2d 356, cert. denied, 251 Conn. 901, 738 A.2d 1090 (1999).
In making the initial determination, the court has considered the evidence in its entirety according to the applicable legal standards. Under this analysis and pursuant to the factual findings discussed above, the court finds by a fair preponderance of the evidence that, as of the date of the amended neglect petitions, Shakora, Corey and Legacee have been neglected in that they have been permitted to live under conditions, circumstances or associations injurious to their well-being. There is ample credible evidence before this court that Mother continues to have significant substance abuse and mental health issues that affect her judgment to safely parent the children. These issues continue to be inadequately addressed. She continues to struggle with successfully engaging in and benefitting from her services. Specifically, Mother's ongoing substance abuse issues are very concerning especially in light of her admittance that she intends to continue to use PCP. Mother has demonstrated a lack of insight as to how her ongoing issues negatively impact herself as well as her children. She continues to demonstrate the lack of capacity to safely parent the children. Mother does not have the capacity at this time to provide the children with a safe and nurturing environment as demonstrated by her continued substance abuse. Father does not have the ability to provide Shakora, Corey and Legacee with a safe and nurturing environment at this time. Contrary to Father's and the children's counsel assertion, Father's current living situation is not a safe environment for the children in light of paternal uncle's criminal history and paternal aunt's child protection history. Further, Father has an extensive and serious criminal history and must demonstrate a sustained ability to remain free of the criminal justice system, including domestic violence, before reunification can be considered. In addition, Father must continue to engage in domestic violence and parenting education services. There is also ample credible evidence that Father continues to need ongoing services with regard to his domestic violence and parenting issues. Father has candidly admitted that he needs to continue to address his ongoing issues before reunification can be considered. Father also needs to continue to address the need for the appropriate supportive housing for the children.
In light of the court's factual findings as presented above, the court finds by a fair preponderance of the evidence that Shakora, Corey and Legacee have been neglected in that they have been denied proper care and attention emotionally and they have been permitted to live in conditions injurious to their well-being. The court adjudicates Shakora, Corey and Legacee to be children who are neglected within the meaning of General Statutes § 46b-120(6)(C). An adjudication of neglect, therefore, is entered as to the three children.
DISPOSITION
Pursuant to § 46b-129, the court has three possible options from which to choose regarding the children found to be neglected: (1) commit the children; (2) vest the guardianship of the children in a third party until they reach the age of eighteen or; (3) permit the natural parent or guardian to retain custody and guardianship of the children with or without protective supervision. See In re A.R., 123 Conn.App. 336, 1 A.3d 1184 (2010). " In determining the disposition portion of the neglect proceedings, the court must decide which of the various custody alternatives are in the best interests of the [children]. In making that determination, the court in its broad discretion to choose a placement that will foster the [children's] best interest in sustained growth, development, well-being, in the continuity of the stability of the [children's] environment." In re Ja-Lyn R., 132 Conn.App. 314, 323-24, 31 A.3d 441 (2011). In determining the appropriate disposition order, the controlling consideration is the [children's] best interest. Id.
With regard to the disposition of the children, DCF has requested that Shakora, Corey and Legacee be committed to the custody of the Commissioner of DCF. The children's attorney has requested that they be placed with Father in his current home with his sister. Mother has requested that the court deny the neglect petitions and allow the children to be placed with Mother. Father has argued that DCF has not met its burden and requests the children be placed with Father.
Based upon the totality of the circumstances as discussed in detail above, and based upon a fair preponderance of the evidence, as considering the best interests of Shakora, Corey and Legacee, the court finds that commitment of the three children to the care and custody of the Commissioner of DCF is warranted and in their best interest. They are hereby ordered committed to the care and custody of the Commissioner of DCF who shall be their guardian until further order of the court.
The specific steps ordered by the court at the trial of this matter on February 22, 2017, are ordered as final steps as to Mother and Father as part of the disposition of this case. Mother and Father are ordered to fully comply with their respective final specific steps.
It is so Ordered.