Opinion
Nos. T11-CP04-012033-A, T11-CP04-012034-A, T11-CP04-012035-A, T11-CP04-012036-A
October 18, 2005
MEMORANDUM OF DECISION
The cases regarding Luke O., Jake O., Benjamin O. and Kyle O. present a petition of alleged neglect filed by the Department of Children and Families of the State of Connecticut.
The history of the file reveals that on September 13, 2004, the Department of Children and Families invoked a 96-hour hold on said children. On September 15, 2004, a motion for an Order of Temporary Custody and a Petition of Neglect was filed by the Department of Children and Families, State of Connecticut in the Superior Court for Juvenile Matters on behalf of the above-named children. An Order of Temporary Custody was granted on September 15, 2004 and was subsequently sustained on September 24, 2004.
On May 9th, August 1st, and October 3rd, 2005, this matter was tried to the court. The petitioner, the Department of Children and Families was represented by Assistant Attorney General, Jason Lobo. The minor children were represented by Attorney Jon Golas. The mother of the children, Deanna O. was represented by Attorney Brian Griffen and the father of the children, Douglas O. was represented by Attorney Steven Melocowsky who did not participate in the trial. The father stood silent with respect to the petitions and was present during the trial.
In the petitions filed September 15, 2004, regarding the four children, the Department of Children and Families alleges that the minor children were neglected in that the children were being denied proper CT Page 13350-g care and attention, physically, educationally, emotionally or morally and that the children were being permitted to live under conditions, circumstances, or associations injurious to their well being.
The Department of Children and Families is seeking an adjudication of neglect for the four children with a disposition of commitment for the children Luke, Jake, and Benjamin. As to Kyle, the Department is seeking that sole custody and guardianship of Kyle be given to the mother subject to an order requiring the Department of Children and Families to provide protective supervision for the child for a period of twelve months. The children's attorney, Jon Golas, supported the Department of Children and Families' request for adjudication and disposition. The mother opposes both the adjudication and disposition.
In reference to the adjudication, the court has read the petitions, reviewed the evidence produced at the trial and heard the testimony of the witnesses. The credible and relevant evidence submitted during the trial reveals the following facts.
The court heard testimony from the mother, Deanna O., Dr. Kevin Connolly, Dr. David Krulee, Dr. David Mantell, school social workers, probation officers from the sexual offender unit, social workers from the Department of Children and Families, counselors from North Central Counseling Services and a representative from AMPS.
The minor child Luke is ten years old, the minor child Jake is nine years old, the minor child Benjamin is seven years old and the minor child Kyle is sixteen years old.
The father of the children, Douglas O. has an extensive criminal record as evidenced by Petitioner's Exhibit #1 which includes a conviction on February 20, 1998 of risk of injury and sexual assault 2 to which he was sentenced to 10 years jail, five years to serve and 15 years probation. He was also convicted on 11-24-1997 for the crime of illegal sale of liquor and illegal sexual contact to which he was sentenced to five years in jail, five years suspended, consecutive with 15 years probation. In addition, he was also convicted on November 24, 1997 for the crime of sexual assault 2 and was sentenced to 10 years in jail, 5 years to service, and 15 years probation. Finally, he was also convicted on November 24, 1997 for the crime of risk of injury, and illegal sexual contact to which he was sentenced to five years in jail, 5 years suspended, concurrent with 15 years of probation. The father is attending sex offender treatment and is not permitted unsupervised contact with any minors including his own children. CT Page 13350-h
Dr. David Krulee testified as an expert in forensic psychology in child protection matters. Dr. Krulee testified that he did an evaluation on Luke, Jake and Kyle on January 18, 2005 and that the children told him that the mother had disciplined the children with a broom handle which was acknowledged by the mother. Dr. Krulee's psychological evaluation was entered as a exhibit.
Dr. Krulee concluded that all three children, Kyle, Luke and Jake are in need of individual psychotherapeutic attention and that each has significant psychological issues that need to be addressed independent from the mother. It was also concluded by Dr. Krulee that both Jake and Luke suffered excessive corporal punishment by the mother relating to their encopretic behaviors.
Dr. David M. Mantell did a psychological evaluation on the four children as well as the mother and father, including relational assessments. It was concluded by Dr. Mantell that all four children are suffering severe psychological disturbances. They all have a history of encopresis and eczema. He also found that the mother suffers from chronic depression and chronic stressors including the prosecution and incarceration of her husband, financial problems and four extremely challenging and difficult children who have overwhelmed her coping capacities. Dr. Mantell also found that the father is a sexual offender with a number of problematic personality traits and personality disorder. The children are bonded with their mother and all but the youngest child are interested in their father. The parent child relationships are seriously dysfunctional with neither parent having reasonable control over the children. Both the parents and all four children have severe psychological problems. The children are extremely troubled and are likely to require one or another kind of special education.
Dr. Mantell's psychological report was entered as an exhibit.
The mother has had a history of physically disciplining her children. On September 12, 1994, the mother physically abused Luke by hitting him on the leg with a wooden mop handle. It was also reported by Luke and Benjamin that the mother disciplines the children with instruments on an ongoing basis. Benjamin also reported seeing Mother "hang" Kyle from a door which was described as pushing Kyle up against a door or wall and yelling at him.
AMPS, Child Protection Associates is providing supervised visitation for Luke, Jake and Ben, with their mother. A copy of their report dated July 14, 2005 was entered as an exhibit. The children were first referred CT Page 13350-i to AMPS on April 20, 2005 for one hour a week of supervised visitation. AMPS reported that there were two examples of inappropriate physical discipline that the mother utilized with her children Ben and Luke during the supervised visit as detailed in the report. After the incident, the supervisor asked mother to no longer continue her physical discipline at the visit and that if it happened again, the visit would be terminated. Anne Tuller, the President of AMPS in her report stated that the mother utilizes fear and physical force as part of her parenting. Based on her observation she concluded that the children are at risk in her care.
The mother testified on the final day of trial that she loves her children very much, wants what is best for them and believes that they should be returned to her care. The mother has been in counseling for approximately eight years and has cooperated with her counselor, Dr. Kevin Connolly. She is presently suffering from a mild form of depression and is currently on medication for said illness. She does not have any alcohol or drug problem and is not involved with the criminal justice system. The mother is now working at an electrical equipment company in West Hartford, Connecticut, a position that she has held since August 30th, 2005.
Unfortunately, the mother has multiple difficulties at the present. As a result of an eviction action against her which is the result of nonpayment of rent, she is planning to move out of her residence on October 10th, 2005 or shortly thereafter. She does not have any concrete plans as to where she will go but is considering staying with her husband, Douglas O. However, that course of action presents a problem for the mother as the father, as a condition of his probation, is not allowed any unsupervised contact with children. She is also on a waiting list for supportive housing.
In regard to the allegations of the state that the mother has used inappropriate physical discipline, the mother admitted to some instances of physical discipline but asserts that she will be able to avoid such actions in the future. The mother testified that she believes that physical discipline is appropriate as long as it is not done in anger, is done on the bottom and there is an opportunity for discussion after the event. Considering her history and the admitted instances of physical discipline, the court is not persuaded that she would not resort to inappropriate physical discipline as a parenting tool at the present time. The mother did not find other nonphysical forms of addressing child rearing problems as effective as her preferred method of physical discipline.
The mother currently visits with the three youngest children for CT Page 13350-j approximately one hour a week at the AMPS supervised visitation center in Vernon, Connecticut.
Dr. Kevin Connolly, a licensed psychologist testified as an expert witness. Dr. Connolly has known and provided treatment for the mother for the last eight or nine years. He testified that the mother is very consistent in attending her therapy appointments and has been receptive with his recommendations. It was his diagnosis that the mother is suffering from a mild form of depression and in the past has required treatment at the Institute of Living when her depression became more severe. In addition, Dr. Connolly testified that the mother has been overwhelmed by the current events in her life and is also suffering from stress and anxiety disorder at times.
It was Dr. Connolly's testimony that the mother is capable of raising her children but only with a great deal of help to assist her. He believed that she would require and benefit from intensive support services, including in-home services to assist her in developing appropriate parenting skills. Dr. Connolly also testified that the children should be involved in the mother's therapy. Dr. Connolly has acknowledged that he has not seen the children, Luke, Ben or Jake in approximately three years and has had limited contact with the children's therapist as well as the D.C.F. social worker. He has seen Kyle as part of his therapy with the mother. He has also never contacted AMPS which supervises the mother's weekly visitation. Dr. Connolly believes that family therapy should be commenced as a way of assisting the family to work through their problems.
The father is unable to be a parenting resource due to his numerous convictions and current conditions of probation which restrict his unsupervised contact with minors, among other reasons. The mother clearly has had difficulties in the past in parenting her children and has had multiple and documented incidents of inappropriate, harmful, and excessive physical punishment for her children, including inappropriate physical discipline as recently as July 2005 while at a supervised visitation. Her reliance on inappropriate corporal punishment as a parenting tool have presented in the past and do present at the present a danger for her children. She also suffers from mental health problems and has ongoing housing concerns. Her parenting traits have been and are emotionally damaging to the children. These children all have difficulties both medically and psychologically and the mother is not able to adequately protect and provide for her children without state intervention. To do so would jeopardize the children's safety.
The mother loves the children and has invested herself into counseling CT Page 13350-k sessions in an effort to improve her life and the lives of her family members. The court believes that family therapy would be beneficial to the family in helping to address its problems and may be introduced in a manner and time as recommended by the therapist for the three youngest children after consultation with the therapist for the mother and the child Kyle, and D.C.F. However, in the event that family therapy is not commenced within two months of today, the matter is to be returned to court for a further hearing on this issue.
In addition, D.C.F. is instructed to have a minimum of two hours a week of supervised visitation for the mother for the three minor children not in her care, absent further court orders.
Kyle is currently sixteen years old and is presently residing with his mother and it is reported by Kyle to the social worker that he is fine. He has expressed a desire to continue to live with his mother. In addition, he has obtained employment outside of the home and as such is more visible to the community. He is also participating in counseling with Dr. Connolly. It is appropriate that the Department provide protective supervision for Kyle due to the many issues his mother is facing including her lack of appropriate parenting skills, her mental health issues and her ongoing housing concerns.
By a fair preponderance of the evidence as of the date of the petition, the court finds that the children Luke, Jake, Benjamin, and Kyle have been neglected in that the children have been permitted to live under conditions, circumstances or associations injurious to their well being and that the children have been denied proper care and attention, physically, educationally, emotionally or morally.
In reference to the disposition, the court hereby finds by a fair preponderance of the evidence that the following disposition is in the best interest of the children.
The minor children, Luke, Jake, and Benjamin are committed until further order of the court to the Commissioner of the Department of Children and Families who shall be the guardian of the children. The court finds that continuation in the home is contrary to the welfare of these three children. The court also finds that reasonable efforts to prevent or eliminate the need for the removal of the children were made by the state.
The court also orders that D.C.F. provide a minimum of two hours a week of supervised visitation with the three minor children as above referenced absent further court orders. Family therapy shall be CT Page 13350-l introduced in a manner and time period as recommended by the therapist for the three youngest children after consultation with the therapist for the mother and the child Kyle and D.C.F. In addition, if family therapy is not commenced within two months of this order, the matter shall be returned to court for a further hearing on said issue.
As to the minor child, Kyle, the court grants sole guardianship and custody of the child to the mother subject to an order requiring the Department of Children and Families to provide protective supervision for a period of twelve months. This order is intended to survive the completion of the family protection case and any future changes are to be brought to the family court, excluding any additional child protection case, should any be filed.
The court hereby approves and orders as final steps the specific steps attached hereto as part of the disposition of this matter.
So ordered. CT Page 13350-m