Opinion
June 22, 2005
MEMORANDUM OF DECISION
These are actions brought by Department of Children and Families (hereinafter referred to as "DCF") (1) seeking an adjudication of the children as neglected and uncared for; and (2) seeking to terminate the parental rights of the biological mother and the biological father of Michael Ahmad B. and Mikel Rashad B.
The biological mother of Michael Ahmad B. and Mikel Rashad B. is Melissa W. (hereinafter referred to as "Melissa W." or "Mother") and the biological father is Michael B. (hereinafter referred to as "Michael B." or "Father").
DCF filed an Order of Temporary Custody (OTC) and a petition for a finding of neglect and uncared for on the children on October 8, 2004, nineteen days after they were born. At the time of their birth, the children and their Mother, Melissa W., all tested positive for morphine.
The children are currently in the custody of DCF pursuant to an OTC granted on October 8, 2004 and sustained on October 15, 2004.
The court finds that there is no action pending in any other court affecting the children's custody and that this court has jurisdiction in this matter.
The children's biological Mother and Father were both served with notice of the neglect and uncared for proceedings and the Petition of CT Page 9603-b Termination of Parental Rights.
On October 15, 2004, the OTC was sustained after ROS was found and both Mother and Father having appeared, were advised and entered denials. December 20, 2004 was set as a date for a CSC.
Also, on October 15, 2004, a paternity test was ordered resulting in a finding of paternity of Michael B. on January 25, 2005.
On March 24, 2005, the petitioner notified the court that this case was to have been transferred to CPS in Middletown for trial and upon such notice, the court vacated the order to transfer and set trial dates of May 13, 2005, May 18, 2005 and June 3, 2005.
On March 24, 2005, both Mother and Father appeared in court. Father stated to the court that he had received notice of the proceeding of Termination of Parental Rights and understood that he was agreeing to consent to the TPR. It appeared that the documents had not been completely filled out to accurately reflect the ground of consent. The court opined that it would proceed with the TPR as to Father but would hold acceptance of tie consent until the trial date for Mother and assurance that proper documents had been served on Father. Thereupon, the court proceeded to canvass Father and after canvass the court found that Father consented to the Termination of Parental Rights in open court and had filed written consents. Further, the court found that the Father knowingly and voluntarily consented to the termination of his rights having received the advice and assistance of competent legal counsel and having understood the consequences of his actions.
On May 13, 2005, the court accepted the consent of the Father, ordered termination of Father's parental rights, found consent by clear and convincing evidence and proceeded with trial with regard to Mother. Attorney Marcia McCormack waived any defects in service for Father, her client.
The neglect and uncared for petition alleges that Michael Ahmad B. and Mikel Rashad B., as of the adjudicatory date, were being denied proper care and attention physically, educationally, emotionally or morally and were being permitted to live under conditions, circumstances or association injurious to their well-being. This petition further alleges that the children were homeless and that their home could not provide the specialized care which the physical, emotional or mental condition of the children requires.
The termination petition alleges that Michael Ahmad B. and Mikel Rashad CT Page 9603-c B. are children under the age of seven years who are neglected or uncared for, and that their Mother, Melissa W., is unable or unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the children, she could assume a responsible position in the life of the children. Melissa W.'s parental rights to two other children were previously terminated pursuant to petitions filed by DCF. C.G.S. § 17a-112(j)(3)(E).
The court carefully considered all of the evidence presented at trial. The court applied the burdens of proof applicable to each portion of the coterminous petitions. Only evidence relevant to adjudication dates was considered as a part of adjudication findings on the neglect and uncared for and termination petitions.
At the time of trial the petitioner submitted the following exhibits:
Dr. Arias-Camison Affidavit
Mother's Medical Records from St. Francis Hospital
Mikel Rashad B.'s Medical Records from St. Francis Hospital
Michael Amhad B.'s Medical Records from St. Francis Hospital
Social Worker Affidavit (dated 10-05-04)
12-page DCF Investigator Protocol Report
2-page Help, Inc. Discharge Summary
Social Worker (Lisa Miller) Affidavit (dated 10-05-04)
Social Study (dated 12-16-04)
Certified Copy of Mother's Criminal Record
Social Study (dated 5-06-05)
The Petitioner called the following witnesses:
Lisa Miller, DCF Social Worker, 256 Hamilton Street, Hartford, CT
Bulalia Garcia, APH, 110 Bartholomew Avenue, Suite 3050, Hartford, CT CT Page 9603-d
Felemina McGhee, Project SAM, 1841 Broad Street, Hartford, CT 06114
Cyndy Wright, Advance Behavior Health, 213 Court Street, Middletown, CT
Susanna Adams, DCW Social Worker, 250 Hamilton Street, Hartford, CT
Jose Arias-Camison, St. Francis Physician, 114 Woodland Street, Hartford, CT
Rosemary Furmanek, DCF Social Worker, 250 Hamilton Street, Hartford, CT
Shawn Hadley, Primary Counsellor for Neon Women Children Halfway House, 690 E. Main Street, Waterbury, CT
Erica Turnour, Substance Abuse Counsellor, Help, Inc., 900 Watertown, Waterbury, CT
The Respondent called the following witnesses:
David M. Kelly, Project SAM, 1841 Broad Street, Hartford, CT
Lynn Hendezel, ADRC, 16 Coventry Street, Hartford, CT
Carrie Rucker, Trinity Hill Social Worker, 151 Hillside Avenue, Hartford, CT
Melissa W., Mother, New Britain, CT
I FACTUAL FINDINGS A. Background
On 9/20/04, DCF received a referral from St. Francis Hospital stating that Mother gave birth to said children prematurely (32 weeks gestation). Mother had been admitted to St. Francis Hospital approximately 1 week prior with multiple health issues. She tested positive for cocaine on 9/14/04. Please refer to the affidavit provided by Jose Arias-Camison, M.D., Exhibit A.
On 9/21/04 the DCF social worker assigned to investigate the above-stated allegations, learned from the report that the family's case was already open in DCF treatment services, as Mother had been incarcerated during the birth of her last child. The treatment social CT Page 9603-e worker informed the case social worker that Mother had her parental rights terminated for her two oldest children, and that her son, Dennis C. (DOB 8/28/03) was committed to DCF's care. In addition, the treatment social worker stated that DCF had filed a Petition to Terminate the Parental Rights of Mother in regard to Dennis C. on 9/24/03, due to Mother's continued substance use.
On 9/21/04 the DCF social worker went to St. Francis Hospital in order to speak with Mother. Mother was not physically well and was in the process of having medical procedures done. Therefore, the social worker was unable to meet with her on this day. On 9/22/04 the social worker met with Mother, Melissa W., at St. Francis Hospital. Melissa W. did not look well physically in that she had open bleeding sores on her body, and was very swollen. Mother shared that she has suffered from a life threatening illness for approximately 13 years and is uncertain as to her physical health. Mother reported that she had been sober during her stay at the Neon Program, but that she had left the program in July 2004. She did not share when she relapsed but reported that she was using a bag of heroin a day prior to delivery. She reported that her last use of heroin had been 9/14/04. She shared that she does not frequently use cocaine but that someone came to visit her home with some crack cocaine on 9/13/04 and she smoked some.
Mother offered maternal aunt and maternal uncle as possible resources. She acknowledged that her brother had a past criminal and substance abuse history, but stated that she felt he was appropriate at this time. She also shared that she was aware of DCF's concerns regarding her sister, but felt that these were unjust. Mother did not have any other resources to offer, but shared that she wished to have the children in her care. Mother reported that she would be willing to go to substance abuse treatment but only if her children are with her.
Mother denied any concerns that paternity was in question and reported that Michael B. is the Father. She stated to the DCF social worker that she had met Michael B. at a Narcotics Anonymous meeting and that she had recently severed the relationship as he had phoned her twelve-year-old daughter and told her that Mother was using drugs. Mother stated that the last she knew he was residing at the YMCA in New Britain, but that this was obviously not a permanent residence. She shared that she is not familiar with any paternal relatives.
On 9/27/04 the DCF social worker spoke with Dr. Bob S. at St. Francis Hospital in regard to the medical condition of the children. He reported that the urine screen for the twins was negative for substances at birth. In addition, their meconium showed positive toxicology only for CT Page 9603-f morphine. At this time, the twins had not yet shown any signs of withdrawal, were feeding and breathing well. On this same day, the social worker confirmed with hospital social worker, Jean K., that Mother had in fact been given morphine during her stay at the hospital.
On 9/30/04 the DCF social worker received a return call from Father, Michael B. He confirmed that he had met Mother at a Narcotics Anonymous meeting and that he was the Father of her children. He denied any concerns for paternity. He reported that he is not currently in a position to care for the children as he resides at the YMCA and does not have stable housing. Father shared that he is a previous substance user, but alleged to have been clean for five months. He reported that he had no relatives in the area to offer as possible resources. He shared that his family resides in Virginia. Father reported that he was aware of the fact that Mother had relapsed and that the relationship ended when he informed her family of such. Michael B. shared that he suffers from the same life threatening illness as mother but stated at the present time he is in good health, and would like to have his children in his care once he has stable housing. He did not offer another more recent plan for his children.
On September 20, 2004, DCF received a referral from St. Francis Hospital stating that Mother gave birth to said children prematurely (32 weeks gestation). Mother had been admitted to St. Francis Hospital approximately 1 week prior with multiple health issues. She tested positive for cocaine on 9/14/04. Please refer to the affidavits provided by Jose A.-C., MD, St. Francis Hospital (Exhibit A); and Ms. Rosemary F., DCF Investigations Social Worker (Exhibit B).
DCF had received a prior referral from St. Francis on 8/16/04, stating that Mother was admitted on 8/15/04. She was pregnant with twins, and tested positive for cocaine, opiates, and "benzos." The DCF social worker visited Melissa W. in the hospital on 8/17/04. The social worker encouraged her to address her medical needs, and offered assistance to get her into a women and children's substance abuse program. Melissa W. left the hospital against medical advice on 8/18/04.
Melissa W. has an active DCF case with regard to her son, Dennis C., DOB 8/28/03, and a DCF social worker has been assigned to the case since 10/7/03. DCF filed coterminous petitions with regard to the child, Dennis C. on 9/24/03, as the court had terminated Mother's parental rights regarding her two oldest children, and Mother continued to abuse substances during her pregnancy. She was also incarcerated and was not in a position to care for Dennis C. He was in foster care under an Order of Temporary Custody. The neglect petitions were pending before the Superior CT Page 9603-g Court for Juvenile Matters in Middletown, CT.
During the past year, DCF has offered Melissa W. a variety of services, including substance abuse evaluation, substance abuse services, individual counseling, and visitation. Melissa W. was incarcerated from 8/1/03 to 12/29/03 at York CI, where she received substance abuse services and parenting classes.
From 12/29/03 to 7/22/04, Melissa W. resided at a halfway house run by NEON, Inc. in Waterbury, CT, where she received case management services, as well as those services offered by DCF. She chose to leave the NEON program on 7/22/04, as soon as she completed her sentence. Both the DCF and NEON strongly encouraged her to remain in the program, as she was pregnant with the twins, and did not have a discharge plan. Melissa W. reported that she would be staying with her sister in Windsor, CT, however she quickly left her sister's home, and did not inform DCF of her whereabouts.
The DCF social worker assigned to the case learned that Mother has a significant history with the DCF due to her ongoing drug use. On September 17, 1993, DCF received the first referral on this family, alleging Mother was using drugs and throwing her used needles out the window of her apartment. DCF substantiated at Risk for Desirae W. A second referral was made on October 12, 1993, from John Dempsey Hospital alleging that mother's infant son, Elbert B., had been in the hospital for several months due to premature birth and cocaine exposure, and that he suffered from chronic lung disease. DCF also substantiated that report.
On October 13, 1993, Mother voluntarily placed Desirae W. with her sister, Marcia K., as Mother was homeless. Marcia K. then went to Probate Court to file for Temporary Custody. However, at some point, she was no longer the custodian for this child via probate as the file indicates that the parental rights of Mother concerning Desirae W. were terminated by this court.
On January 20, 1994, an Order of Temporary Custody (OTC), along with neglect petitions of Elbert B. were filed with this court. The OTC was granted on or about January 24, 1994. He was released from the hospital and placed with Marcia K. The child was adjudicated neglected by this court and committed to DCF on May 3, 1994.
On July 22, 1994, DCF received third referral from Saint Francis Hospital stating that mother's newborn son, Javel B., was born premature and addicted to cocaine. Javel was blind, deaf and terminally ill. He CT Page 9603-h died in March 1995.
On January 16, 1997, DCF filed a Termination of Parental Rights Petition (TPR) against Mother on behalf of Desirae W. and Elbert B. These TPRs were granted on or about May 6, 1997 based in part on Mother's failure to rehabilitate, abandonment and no ongoing relationship.
On 9/2/03, DCF received a referral from Yale New Haven Hospital stating that Mother had given birth to Dennis W. (AKA Dennis C.) on August 28, 2003, at 32 weeks gestation. He weighed three pounds, eleven ounces, and had been exposed to methadone, cocaine, heroin, and tobacco. Mother was incarcerated and unable to care for the child. DCF substantiated the report.
Mother has a criminal history dating back to 1987 for Prostitution, Breach of Peace, Failure to Appear, Violation of Probation, Threatening, Larceny, Escape 1, Assault, Drug Paraphernalia, Possession of Narcotics, Sale of Narcotics, and Disorderly Conduct.
Mother was discharged from St. Francis Hospital on 10/1/04, and resided at the Trinity Hill Care Center in Hartford. It was unknown how long she would require her present level of care, or where she would go when she was ready to discharge.
It is the DCF social worker's understanding that father, Michael B., acknowledged his paternity to Investigations social worker, Rosemary F, and acknowledged he is not a resource for these two newborns due to his homelessness.
On 10/8/04 neglect petitions were filed by DCF, State of Connecticut in Superior Court for Juvenile Matters on behalf of the above-named children. Also on 10/8/04, a Termination of Parental Rights Petition was filed with regard to Mother, Melissa W. The allegations of the petition were that the children were neglected in that they would be denied proper care and attention, physically, educationally, emotionally or morally, and that the children would be permitted to live under conditions, circumstances or associations injurious to well being.
The grounds of this petition for the Termination of Parental Rights of Melissa W. are that she is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that in a reasonable period of time, considering the age and needs of the children, she could assume a responsible position in the life of the children, and that her parental rights of other children were previously terminated pursuant to petitions filed by the Commissioner of the CT Page 9603-i Department of Children and Families.
B. Present Situation
On 12/27/04, the DCF social worker met with Eulalia G. from APH to discuss Melissa W.'s cooperation with this service provider. This agency provides support services and makes referrals for clients as needed. Melissa W. was referred to Project SAMH for substance abuse and counseling services. Eulalia G. reported that Ms. McG. from Project SAMH called Melissa W. several times to schedule an intake, however she did not return her phone calls. Eulalia G. offered to refer Melissa W. to Peter's Retreat but she reported to the social worker that she did not want to live at Peter's Retreat as there are active substance abusers there. Melissa W. was also offered Taber House and she reported to the social worker that she did not want to reside at this program for the same reasons.
The social worker received a written report from Diane F. at ABH outreach and engagement. Diane F. reported that Melissa W. was referred to their program on 10/19/04 for assistance in obtaining substance abuse evaluation and urine drug screening. She further reported that Melissa W. was consistently difficult to meet with. She was discharged from this program as of 2/4/05, as she had not utilized their services.
On 1/28/05 a providers' meeting was held with APH, Project SAMH, Trinity Hill Care Center, DCF and Melissa W. to discuss services. APH and Project SAMH discussed in detail services that they could offer Melissa W. She gave the DCF social worker permission to give each service provider a copy of her court-ordered specific steps so that all parties were aware of the expectations for her to better serve her requirements. Melissa W. reported that she has been attending NA/AA meetings several times per week and her social worker at Trinity Hill, Kerri R., verified this. Kerri R. reported that Melissa W. is also prescribed Zoloft 50 mg for mild depression.
On 2/3/05, Melissa W. began attending ADRC relapse prevention two times per week. She has been cooperative with this service. She has submitted to numerous urine screens since being involved with this provider and all the results have been negative. On 4/21/05, Melissa W. cooperated with a hair test and the results were negative. She also cooperated with numerous urine screens while residing at Trinity Hill Care center from 10/04 and all the results were negative. Melissa W.'s substance abuse counselor at ADRC, Lynn H., recommended that Melissa W. cooperate with a psychiatric evaluation with Dr. R. on 5/4/05. Dr. R. recommended that Melissa W. continue with her current service providers, ADRC, APH and CT Page 9603-j Project SAMH, add some individual time with her counselor to process feelings, and work on not letting difficult emotions and life events become triggers for relapse. Melissa W. was not consistently attending individual therapy with her counselor, Philomena McG. at Project SAMH. On 5/6/05 the DCF social worker met with Melissa W. and Philomena McG. to address this issue. At first, Melissa W. stated that she did not feel that she needed therapy, however after further discussing the results from the psychiatric evaluation, Melissa W. agreed to begin weekly therapy with Philomena McG., commencing on 5/9/05.
Melissa W. is scheduled to attend groups at Project SAMH three days per week for substance abuse. She has been consistent for the most part with this service.
On 4/8/05, this DCF social worker called Hartford DSS social worker, Sara W. and inquired as to the status of Melissa W.'s disability application. Sara W. reported that Melissa W. was denied disability, as she did not meet the criteria to qualify for disability. On 4/11/05, Melissa W. reported to the social worker that Trinity Hill Care center discharged her as of 4/8/05 due to her disability being denied. However, Melissa W. was hospitalized at Hartford Hospital from 4/8/05 through 4/11/05 due to pneumonia. During this conversation with Melissa W., the social worker asked her if she had any plans as to where she would reside. Melissa W. reported that she did not want to tell the social worker at that time as she forgets that the social worker is her worker and the social worker is apt to use it against her.
On 4/13/05 a providers' meeting was held at ADRC with Project SAMH, ABH outreach and engagement, the DCF social worker and DCF substance abuse specialist, Suzanne C. The purpose of the meeting was to discuss Melissa W.'s current services and recommendations as she was scheduled to leave Trinity Hill Care center. All parties agreed that Clayton House through ADRC and the Women's Alternative Living Center at the Institute of Living would be appropriate programs for Melissa W. Dave K. from Project SAMH reported that Melissa W. stated to him earlier in the week that she had already put a deposit on an apartment. Melissa W. did not share this information with the DCF social worker. Melissa W. was offered detailed information on the aforementioned programs, nevertheless she did not want the social worker to make referrals for her as she stated that she is already situated in her apartment. The social worker spoke with Melissa W. about her history of maintaining sobriety only when she has been in assisted living programs such as Neon and Trinity Hill. Melissa W. has a history of relapsing when she is on her own. The social worker stated that Melissa W. would have a better chance of success if she transitioned slowly with the support of various providers and stable income in place. CT Page 9603-k
On 4/18/05, the DCF social worker met with Melissa W. at the DCF office prior to her visit with her twin sons and Melissa W. reported that on 4/14/05 she moved into a two-bedroom apartment by herself in New Britain. Melissa W. stated to the social worker that a women's shelter was recommended by a provider, however she stated that this would be a set up for her as she is not ready to live at a shelter as she would need more support. The social worker reminded Melissa W. that she has the support services of APS, ADRC, and Project SAMH in place. Melissa W. reported that her boyfriend, Elbert B., paid the first months rent and he has bought many things for the apartment. She stated that she is actively seeking any kind of employment. Prior to being discharged from Trinity Hill Care center, Melissa W. was in the process of taking tests to qualify for the Certified Nurses assistant program at Goodwin College. However, she did not pass the math section of the exam on two occasions and has decided to put this on hold to seek employment. She provided the social worker with her new address and phone number.
Melissa W. kept her appointments with DCF and cooperated with an announced home visit to her new apartment in New Britain, CT on 5/6/05. The apartment consists of two full bedrooms, a bathroom and kitchen. The apartment had some furniture, however, Melissa W. reported that she was in the process of getting more things for the apartment. She provided the social worker with a rent receipt indicating payment for the entire month of May. Melissa W. stated that she has used money from her income tax return to pay the rent and Elbert B. has paid for mostly everything she has in the apartment.
Melissa W. has applied for basic needs through ADRC for assistance with food, clothing and rent. In order for Melissa W. to receive this one-time assistance, she needs to prove that she has been seeking employment with at least ten agencies and submit verification of this. Melissa W. reported that she applied for SAGA medical insurance with her DSS worker in New Britain, however she was denied cash assistance. She reported that DSS stated that she needed to resubmit her disability application in order for DSS to reconsider her for cash assistance. Melissa W. has reported that she would like all of her service providers transferred to the New Britain area, as this would be more convenient for her. The social worker processed to look for services in her area, however she made it clear to Melissa W. that she needed to continue cooperating with her current service providers.
Melissa W. reported that her boyfriend, Elbert B. would like to move into the apartment with her, however he was cautious to do so as he was aware that Melissa W. was in the process of a TPR trial. Elbert B. has a CT Page 9603-l criminal history dating back to 1988 consisting of such charges as assault, burglary, larceny and various drug charges. His last criminal offense occurred in 2000. DCF records also indicate that there was a history of domestic violence between Elbert B. and Melissa W. Melissa W. reported that she had resumed a relationship with Elbert B. for approximately the last seven months. She reported to the social worker that Elbert B. had been residing at Farrell treatment center in New Britain for almost three years. She also reported that Elbert B. was renting a room at the treatment center and he worked there every Sunday and Tuesday. She reported that Elbert B. worked at Community Health Services in Hartford as a substance abuse counselor several days per week, totaling approximately 25 hours weekly. Melissa W. reported that Elbert B. was working part-time at WalMart in New Britain several days per week. She provided the social worker with recent pay stubs of all of Elbert B.'s employment to verify her reports. She also reported that Elbert B. was in the process of completing courses at Manchester Community College to obtain a substance abuse certificate in the DARC program. Melissa W. admitted that Elbert B. was spending a lot of tine at her apartment, but he still was renting his room at Farrell House, which was around the corner from Melissa W.'s apartment.
Melissa W. visited consistently (weekly) with Michael Ahmad B. and Mikel Rashad B. at the DCF office. She was provided with her own diaper bag to bring with her to her weekly visits and on her first visit, she forgot to bring the diaper bag. Melissa W. was appropriate during her visits with her sons, and spent equal time with them. She held, kissed, and fed them during her visits and was appropriate with them overall.
Mother, Melissa W.
Mother, Melissa W., was born in Hartford on 2/10/69 to Phyllis K. and Teofilo M. Her parents were not married. Melissa W. has 4 older brothers and one older sister. Her mother was the primary caretaker in the home. Both of her parents abused alcohol. Melissa W.'s mother drank monthly when the check came, but remained the primary caretaker for Melissa W. even when drinking. Her father died of cirrhosis of the liver when she was 15 years old. Melissa W. said her parents argued a lot but denied there was any domestic violence in the home.
Melissa W. reported that her grandparents were "around" when she was growing up. Her older sister didn't spend much time at home, choosing instead to spend most of her time at school or at a friend's house. Her mother provided the discipline in the home, and would yell and spank Melissa W., sometimes pushing her against the wall and hitting her in the head. Father would sometimes defend her from her mother. CT Page 9603-m
Melissa W. attended Sands School and Quirk Middle School Hartford, and reported that she liked school. She completed the 8th grade at Quirk, but went to Long Lane at the age of 15 for fighting with another girl whom she cut, as well as for truancy. She started the 9th grade at Long Lane, but didn't complete it. Melissa W. reported that she picked up violence on the street, and began coming home late. When she would get into trouble, she would stay out even later. Melissa W. began using drugs intravenously at the age of 15. This started when she skipped school and met an 18-year-old man on the street, by the name of Arthur Lee W. He became her boyfriend, and introduced her to heroin. She started experimenting with weed and cocaine around the same time, but heroin became her drug of choice. Melissa W. married Arthur W. as an adolescent, and reported that he later divorced her while she was in prison.
Melissa W. reported that for several years she was out on the streets and in and out of jail. She began a 2-year relationship with Raymond W. She learned that she was one month pregnant with her first child while incarcerated. She reported that after about six months she was sent to the NEON program, a halfway house in Waterbury, for approximately 1 year. DOC records indicate that for almost a year, from 11/26/91 until 10/30/92, Melissa W. resided in the Waterbury Women's Center (NEON). On 2/21/92, while at NEON, Melissa W. gave birth to her daughter, Desirae W., at St. Mary's Hospital. She reports that she did not use substances during her pregnancy. While on a furlough from NEON, Melissa W. argued with Raymond W., Desirae W.'s father, and ended their relationship. She reports that Raymond W. was not a substance abuser, and there was no domestic violence between them. She later petitioned the court for child support from Raymond W. and the court granted her request.
While still residing at NEON, Melissa W. began a new relationship with a man she met at a recovery meeting, Elbert B. Melissa W. left NEON with her daughter, and got her own apartment in Waterbury. She was anxious to become independent, and chose an apartment in a drug area in spite of NEON's recommendation to take her time and find a better place. She participated in NEON's 90-day aftercare program, and continued to attend recovery meetings. She continued to see Elbert B., and after about six months he moved in with her. She reported that there was domestic violence in this relationship.
Melissa W. later relapsed into drug abuse. DCF received a referral on 9/17/93 stating that Melissa W. was using drugs and throwing used needles out the window, and she was getting evicted. DCF substantiated that Desirae W. was at risk. Melissa W. reported that one morning after using CT Page 9603-n drugs, she woke up on the couch and saw her daughter sitting on the floor in a diaper looking at her. She felt she didn't have the strength to get up and care for her, and realized that she needed help. Melissa W. called her former counselor from NEON, and asked her to take Desirae W. to the child's maternal aunt, Marcia K., who agreed to care for the child. Melissa W. got Desirae W. ready, and the counselor brought the child to Marcia K.'s home. Melissa W. reported that Marcia K. then reported her to the State. Melissa W. became angry, and she went to Hartford and took Desirae W. out of the home, but quickly returned her, as she knew she could not provide proper care for her.
The DCF record indicates that Melissa W. voluntarily placed Desirae W. in the care of Marcia K. on 10/13/93, and that Marcia K. then went to the Probate Court and applied for Temporary Custody of Desirae W. On 3/9/95, Desirae W. was adjudicated uncared for and was committed to DCF. An OTC was filed on 9/11/96 and was granted that same day after the commitment expired. On 10/24/96, the child was again committed to DCF. On 1/16/97, DCF filed TPR petitions with regard to Desirae W. On 5/6/97, Judge Teller of the Superior Court for Juvenile Matters in Hartford terminated Melissa W.'s parental rights to this child. Maternal aunt, Marcia K., later adopted her.
Melissa W. gave birth to her second child, Elbert B. III on 7/16/93. On 10/12/93, the day before Melissa W. voluntarily gave her daughter, Desirae W. to Marcia K., DCF received a second referral on the family from John Dempsey Hospital (UCONN Medical Center). The report indicated that Elbert B. III had been in the hospital for several months due to being born premature, cocaine exposed, and having chronic lung disease. He was also exposed to a terminal illness. Mother had only been to the hospital twice since her discharge, and the hospital had difficulty reaching her. This report was substantiated.
Melissa W. reported that while she was pregnant with her son, Elbert B. III, his father discovered she was using drugs and left her. She became homeless when she stopped receiving checks for her daughter. Her family brought her to Hartford, and recommended that she terminate the pregnancy. She didn't want to terminate, and at seven months she said she developed endocarditis, an infection around the heart, and she went into premature labor with her son. Melissa W. said her sister, Marcia K., who was already raising Desirae W., asked to take Elbert B. III also. DCF filed an OTC and neglect petitions in regards to Elbert B. III on 1/20/94 in the Superior Court for Juvenile Matters in Waterbury, CT. The OTC was granted. On 2/7/94, Elbert B. III went home from the hospital with his maternal aunt, Marcia K., who later became a licensed relative foster parent. The child was adjudicated neglected and committed to DCF on CT Page 9603-o 5/3/94. On 1/16/97, DCF filed TPR petitions in regards to Elbert B. III. On 5/6/97, Judge Teller of the Superior Court for Juvenile Matters in Hartford terminated Melissa W.'s parental rights to this child. Maternal aunt, Marcia K., later adopted him.
DCF received a third referral regarding Melissa W. on 7/22/94 from Saint Francis Hospital. Melissa W. had given birth to her third child, Javel B., on 7/12/94. He was premature and tested positive for cocaine. The DCF record indicates that he was also born blind, and with a terminal illness.
Melissa W. reported that she and Elbert B. had briefly resumed their relationship after the birth of Elbert B. III, resulting in her pregnancy with Javel B. She was not aware she was pregnant until the fourth month of her pregnancy. At that time she described herself as "deep into drugs," and she was receiving no prenatal care. Melissa W. reports that Javel B.'s retina detached after birth, and he spent eight months in hospital before going to a foster home. He was being tube fed. Javel B. was adjudicated neglected and committed to the Department on 3/9/95. Javel B. died on 3/27/95. Melissa W. was incarcerated at the time of his death, and reports that she was allowed to attend his funeral.
Melissa W. reported that later when she got out of prison, an ex-boyfriend helped her get an apartment in New Britain. She said she was clean, and her sister Marcia K. was allowing her weekend visits with Desirae W. and Elbert B. III. Melissa W. had not heard from the Father, Elbert B., in about 7 years, but ran into him at a CVS. She learned that he lived nearby in New Britain, and she allowed him to come visit Elbert B. III during her weekend visits. Melissa W. reported that when Marcia K. learned this, she discontinued the weekend visits.
Melissa W. was incarcerated again when she learned that her son, Elbert B. III, had drowned in a pool at a family outing. She said she felt angry with her sister when her son died in her sister's care. She questioned how this could have happened and whether he was properly supervised. She still describes her relationship with her sister as close, and considers her sister to be a support. She reports that Marcia K. still allows her to have contact with her daughter, Desirae W.
Melissa W. reported that she met Benjamin C., father of her fourth child, Dennis C., at a friend's home in Hartford on 8/9/02. She said she was using when she "got with him." He later invited her up to the reservation for the weekend with some friends, and said that he liked her. She reported that she got arrested and he tried to bail her out after she knew him for only two weeks. (No arrest shows on Melissa W.'s CT Page 9603-p Department of Public Safety record at that time.) Melissa W. reported that she contacted Benjamin C. when she was getting out of prison, and he allowed her to move in with him on 7/18/03. This relationship lasted about 18 months, and produced a son, Dennis C., DOB 8/28/03.
Melissa W. reported that Benjamin C. would discourage her from going to Hartford, as she would get in trouble there. She said she would still go, but he would take her back. She was arrested in Hartford on 4/2/03 for prostitution, and was sentenced to one year in prison. Melissa W. said that she found out that she was months three pregnant when she got to York CI. She said, "I had a drug habit when I came in." When she learned she was pregnant, she said she got on medication. She said she began bleeding at 7 months, and gave birth to Dennis C. on 8/28/03 at Yale New Haven Hospital. She said, "He didn't detox, because I took care of myself this pregnancy."
Melissa W. was transferred to a halfway house run by NEON on 12/29/03, where she completed her sentence on 7/22/04. While in the NEON Program. Melissa W. received multiple services, secured employment, and had visitation with her son, Dennis C., twice a month. She remained drug-free until July 2004. While in the program, Melissa W. met Michael B., father of the children for whom these petitions are filed, while attending a recovery meeting in the community. She became involved in a relationship with Michael B., and became pregnant with the twins. Melissa W. then reported that Michael B. had relapsed, and that she had had no further contact with him. She agreed to remain in the NEON program beyond her potential discharge date of 7/22/04, so she could continue to receive services and support during her pregnancy. In July 2004, Melissa W. reported that Michael B. had gotten into a substance abuse program in New Britain, and they resumed contact. Melissa W. became determined to leave the NEON program on 7/22/04, in spite of not having housing or services in place, and in spite of encouragement from DCF, the NEON staff, and her attorney to remain at NEON.
On 7/22/04, Melissa W. discharged from NEON. Her sister, Marcia K. allowed her to live in her home, but Melissa W. left shortly thereafter. For a brief period of time, neither Marcia K. nor the DCF knew of her whereabouts. Melissa W. had left her belongings, and her medication for a life threatening illness at the home of Marcia K. The NEON Program notified DCF that Melissa W.'s last drug test in their program came back positive. Melissa W. ultimately resurfaced, and secured an apartment on Ashley Street in Hartford with the help of her sister.
DCF received a report from St. Francis Hospital on 8/16/04, reporting that Melissa W. was in the hospital, and was pregnant with twins. She had CT Page 9603-q tested positive for "cocaine, opiates, and benzos." This report was not accepted, as Melissa W. did not have any children in her care at that time. DCF social worker, Lisa M. visited Melissa W. in the hospital on 8/17/04, and Melissa W. later left the hospital on 8/18/04 against medical advice.
Melissa W. returned to St. Francis Hospital in September 2004, and was suffering from multiple health issues. She has a life threatening illness, and she reported that she also had an infection in her heart. Melissa W. tested positive for cocaine upon her admission to St. Francis. She contacted DCF and requested a goodbye visit with her son Dennis C., as she believed she was dying. She went into labor on 9/20/04, and her sons, Michael Ahmad B. and Mikel Rashad B. were delivered by C-Section at 32 weeks gestation. Melissa W. remained in the hospital until 10/4/04, when she was transferred to Trinity Hill Care Center due to her ongoing medical needs. On 10/8/04 Orders of Temporary Custody were granted regarding Michael Ahmad B. and Mikel Rashad B. The children are presently placed in a legal risk home.
Melissa W.'s nurse reported on 11/8/04 that Melissa W.'s condition was presently stable. Melissa W. has indicated that she would like to attend an inpatient substance abuse program, and reports that she wishes to raise her twins.
Melissa W. reported to DCF social worker, Lisa M., that she has resumed contact with Elbert B., Father of her second and third children. She reported that he is a substance abuse provider, and a support person in her life. She has since acknowledged to her social worker at Trinity Hill that their relationship has progressed to a romantic one. Melissa W. has been spending quite a bit of time with Elbert B., including overnight visits. It should be noted that both Melissa W. and Elbert B. lost their parental rights to their son, Elbert B. III. DOB 7/16/93. Their second son, Javel B., was born with multiple medical issues and died while in foster care.
Melissa W. denies any history of mental health issues, or psychiatric hospitalizations. She briefly took medication in prison following the birth of her son Dennis C., possibly for post-partum depression, but reports that she got off the medication very quickly.
Melissa W. has a lengthy criminal justice history. She has been arrested twenty-four times, beginning in 1987. Her convictions include Prostitution, Breach of Peace, Failure to Appear, Possession of Narcotics, Probation Violation, Possession of Drug Paraphernalia, Assault 2, Escape 1, and Larceny 6. CT Page 9603-r
B. Father, Michael B.
Michael B. reports that he was born in Stamford, CT on 3/23/66. He has three brothers and one sister. He and his mother and siblings moved to Washington D.C. when he was a young child. He was raised there by his mother and her parents until the age of 10 years old, when his family returned to CT. Michael B.'s father became involved with the family again when Michael B. was 12 or 13 years old. Michael B. reports that his parents are still living, and reside together in Virginia. He reported to the Investigations social worker, Rosemary F., that he is of Irish-American and Native American heritage, but is not registered with any tribe. He later told social worker, Lisa W. that he is also of African-American heritage.
Michael B. reports that he graduated from High School in Stamford, CT. He took classes for cosmetology after school. Most of his employment history is as a cosmetologist, however he reports that most of this work was done under the table by renting out a chair in a salon. He reports that his longest period of employment was about seven and a half years. Michael B. reports that he is not currently employed, and that he is not to work per his doctor. He said he has applied for SSD, and is waiting for their response. He reports that he presently receives state benefits.
Michael B. reports that he has been married four times. His first marriage at the age of 23 was to Yvonne B. He reports that they separated on good terms. According to DCF records, the couple had 3 children: Michael B., DOB 12/16/86; Melanie B., DOB 8/23/84; and Michelle B., DOB 11/22/83. DCF substantiated physical abuse by Michael B. with regard to his son, Michael B., DOB 12/16/86, in November 1996.
Michael B. reported that Yvonne B. raised the children after the couple separated, but reports that their oldest daughter lived with him for a short time. He said he talks to his children every day. In addition to the substantiation in 1996, the DCF record indicates that there has been significant DCF intervention regarding the children of Michael and Yvonne B.
Michael B.'s second marriage was to Karen. Michael B. was about 27 years old when they got married, and the relationship produced no children. His third marriage was to Lisa. Michael B. was about 34 years old when they got married, and the relationship produced no children. CT Page 9603-s
Michael B.'s fourth and final marriage was to Erica B. Michael B. was about 39 years old when they got married. Michael B. reported to Investigations social worker, Rosemary F., that he fathered a child named Sampson Michael B., DOB 4/26/02, with Erica B. He reported to social worker M. that he and Erica B. divorced on friendly terms when he learned that she was gay. He reports that initially there was no problem maintaining contact with his son, however Erica B. later began avoiding his efforts at contact. He reports that he has not had contact with his son for about one year now. Michael B. also reported to Investigations social worker, Rosemary F., that he fathered one child, Jockeya W. with a Vanessa W. There is no known DCF history for this child. He reported to Rosemary F. that all of his previous wives and children reside in Bridgeport, and that his adult children have their own children, and could not take the twins. Michael B. reports that he is not presently involved in a relationship.
Michael B. reports that he has never been hospitalized or required psychiatric care. He reports that he has been in recovery for about 6 months. He has a significant substance abuse history. He reports that his father gave him his first drink at age 5. He said that this happened on more than one occasion, however not on a regular basis. As mentioned, during the time the family resided in Washington D.C., father did not live with the family. Michael B. reports marijuana use, beginning at age 14. He began using crack cocaine at age 22. He denies abusing alcohol. His longest period of sobriety was for 7 1/2 years, and began when he was about 29 years old. He reports that within the last six months, he completed a 28-day program at ADRC, and completed an intensive outpatient program at New Britain General Hospital.
Michael B. acknowledged having a criminal history, and was aware that DCF had a copy of his record. He reports that his longest period of incarceration was for 23 months, and that he served that time in Connecticut in 1989. He denied any history of domestic violence, however he said that in 2001 he was charged with stalking. He reports that he had contacted his third wife to offer condolences following the death of her grandfather, and reports that there were no restraining orders or protective orders prohibiting the contact. His wife told the police he had a gun, however he denies having had one He reports that ultimately the charges were dropped.
A criminal background check conducted by Investigations social worker, Rosemary F., revealed that Michael B. has a lengthy criminal history, including multiple drug possession and sale charges, as well as Burglary 1, Burglary 3, Violation of a Protective Order, Probation Violation, Larceny 6, Failure to Appear, Robbery 1, Assault 2, Assault 3, Reckless CT Page 9603-t Endangerment, and No Pistol Permit.
Michael B. initially denied having a DCF history, however when it was pointed out to him that the DCF record showed a substantiation against him, he acknowledged the incident involving his son Michael B., DOB 12/16/86. He said that Michael B., Jr., who was about 12 years old at this time, came to visit the home Michael B. shared with his third wife. He received a phone call informing him that Michael B., Jr. had stolen money from his maternal aunt. Michael B. had his son remove all of his clothes so he could search him. He found the stolen money, and reported that he hit Michael B., Jr. three times with a belt. The child then left the home, and went to police. Michael B. reports that as a result he was called down to the police station, and later had to take classes. Michael B. said, "I grew up with that. We didn't call it abuse back then." He said, "You can't even punish your kids. I did what I thought was right, and I'd do it again." He said that he and his siblings got beat with switches and other objects. He reported that his mother had been the main disciplinarian in the home. He said that if the authorities had gotten involved, his mother would still be in jail today.
Michael B. reports that he has been positive for a life threatening illness for about six years, but otherwise is in good health. Although high blood pressure runs in the family, he has not been affected by it. He reports that he receives services from an agency in Hartford that works with persons with life threatening illnesses. He reports that he obtained his own studio apartment. Prior to that, he had been renting a room from a friend, Brenda R., in Hartford, CT. Michael B. had been living at the YMCA in New Britain when the children were born.
Michael B. reports that he has "no support" from his family. He sees his oldest brother who resides in Stamford from time to time. When asked if he had services he would like to request from DCF, he had no specific requests.
Michael B. reported to Investigations social worker, Rosemary F., that he met Melissa W. at a substance abuse meeting in Waterbury, CT. He reported that his relationship with her had been very good prior to her relapsing. He reported that Melissa W. had disappeared for a week and was getting high, so he called her family and told them. He reported that they broke up after this. Michael B. acknowledged to Rosemary F. that he would need to get back on his feet to be in a position to care for the children, and provided no other relative resources that could care for them.
C. Children, Michael Ahmad B. and Mikel Rashad B. CT Page 9603-u
Michael Ahmad B. and Mikel Rashad B. were born premature at 32 weeks gestation, and were exposed to a life threatening illness. Michael Ahmad B. was discharged from the hospital and placed in a legal risk home on 10/12/04. Mikel Rashad B. was discharged from the hospital and placed in the same legal risk home on 10/20/04. The children are medically up to date, and have been gaining weight. Initial testing for a life threatening illness was negative, and they are prescribed medication to help prevent life threatening illness. The children have weekly visitation with their Mother, and Father has participated in at least 2 visits.
D. Relatives
Mother initially presented a brother and a sister as potential placement resources for her children, however there were barriers to licensure of both homes. Although Melissa W.'s sister Marcia K. previously adopted Melissa W.'s daughter, Desirae W. and son, Elbert B., who is deceased, she later obtained a substantiation of neglect preventing licensing. However, Marcia K. reports that her sister is a support to her. Marcia K. has allowed Melissa W. to have ongoing contact with Desirae W.
Michael B. reports that his family resides in Virginia. He has adult children who reside in Connecticut who have children of their own. He offered no placement resources for the twins.
II NEGLECT AND UNCARED FOR ADJUDICATION
The court is required to proceed in three separate stages when neglect and uncared for and termination petitions are coterminously filed. The court must first determine, by a fair preponderance of the evidence, if the child has been neglected or uncared for as of the date the petition was filed or last amended. In re Juvenile Appeal (84-AB), 192 Conn. 254, 263, 471 A.2d 1380 (1984); In re Emmanuel M., 43 Conn.Sup. 108, 111, 648 A.2d 904, aff'd 35 Conn.App. 276, 648 A.2d 881, cert. denied 321 Conn. 915, 648 A.2d 151 (1994).
The court finds by a fair preponderance of the evidence that DCF has proven all of the allegations alleged in its neglect and uncared for petition. Minimally, proper care for an infant requires a reliable, stable routine, an adequate home and sufficient income to provide, at the very least, necessities such as formula and clothing. CT Page 9603-v
Michael Ahmad B. and Mikel Rashad B. were denied all of these by Melissa W. When Melissa W. was discharged from the hospital, she had an opportunity to enter programs of benefit to her and she was offered services, but did not take advantage of this opportunity.
"Courts have long been supportive of neglect adjudications which are, in effect, based on the prediction that the parent would neglect the child based on the parent's prior conduct or mental illness and the danger such conduct would present to a child left in her care. In re Valerie D., 223 Conn. 492, 613 A.2d 748 (1992); In re Kelly S., 29 Conn.App. 600, 616 A.2d 1161 (1992). No court is required to leave a child in the custody of a parent who is clearly incapable of providing even basic care for the sole purpose of demonstrating that he will suffer actual harm. In re Kelly S., supra 615." In Re Eric A., 1999 Ct.Sup. 16718 (1999). See also In Re Michael D., 58 Conn.App. 119 (2000).
With respect to the uncared for allegations, there is no question that Michael Ahmad B. and Mikel Rashad B. would not have had their specialized needs provided for by Melissa W.
"Actual incidents of abuse or neglect are not required in determining that a child is uncared for under the `specialized needs' section of the statute." In re Kelly S., 29 Conn.App. 600, 613, 616 A.2d 1161 (1992), citing In re Carl O., 10 Conn.App. 428, 435-36, 523 A.2d 1339, cert. denied., 204 Conn. 802 (1987). In the case of the infants, Michael Ahmad B. and Mikel Rashad B., a fair preponderance of the evidence has shown that the "home" provided by Melissa W. would have lacked the stability, structure, safety, financial security and parental judgment necessary to assure adequate and competent care for a helpless infant. The situation was totally inadequate, in light of the parents' ongoing deficiencies, to be viewed as an appropriate home for the child. In re Kelly S., supra.
III TERMINATION OF PARENTAL RIGHTS ADJUDICATION
The court next must determine whether the proof provides clear and convincing evidence that a pleaded ground exists to terminate Melissa W.'s parental rights as of the date of the filing of the petition.
A. Reasonable Efforts Finding CT Page 9603-w
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 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)(1). "Reasonable efforts means doing everything reasonable, not everything possible." In re Jessica B., 50 Conn.App. 554, 566, 718 A.2d 997 (1998).
Reasonable efforts to reunify Melissa W. with the children are not appropriate in that Melissa W.'s parental rights have been terminated with regard to three of her four older children, and another child died but had been committed to DCF at that time. Melissa W. has a pattern of being transient and homeless. Thus, due to the totality of the circumstances, preventive services could not be implemented, in that the physical safety and well-being of the newborn would be jeopardized.
In spite of this, the following efforts were attempted to reunite the children with their parents:
DCF has offered visitation to Mother.
DCF made a referral for Mother to receive a substance abuse evaluation.
DCF offered Mother multiple services, including substance abuse services and counseling services, during her pregnancy with the twins.
DCF has referred Mother for substance abuse outreach services through Advanced Behavioral Health, and case management services through an agency in Hartford that serves clients with a life threatening illness.
DCF has asked father if DCF could refer him to any services to assist him with reunification. Father reported being engaged in services, and did not request any further services at this time. DCF will be recommending a substance abuse evaluation for Father, and will make any appropriate referrals for him.
In addition, DCF has made reasonable efforts to achieve the Permanency Plan.
B. Failure to Rehabilitate: C.G.S. § 17a-112(j)(3)(E) as to Biological Mother, Melissa W. CT Page 9603-x
Connecticut General Statutes § 17a-112(j)(3)(E) provides that the rights of a parent may be terminated if the parent of a child under the age of seven years who is neglected or uncared for, is unable or is unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent's parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families.
This Court took judicial notice of the fact that the Respondent Mother's parental rights to three other children were terminated. Michael Ahmad B. and Mikel Rashad B. are under the age of seven years and the court has already found that they were neglected and uncared for. Therefore, the only requirement that must be met is the question of personal rehabilitation.
"Personal rehabilitation as used in the statutes refers to the restoration of a parent to his or her former constructive and useful role as a parent . . . In conducting this inquiry, the trial court must analyze the respondent's rehabilitative status as it relates to the needs of the particular child . . . The trial court must also determine whether the prospects for rehabilitation can be realized within a reasonable time given the age and needs of the child . . . Thus, the trial court's inquiry requires the determination of both the present and past status of the child, and obtaining a historical perspective of the respondent child caring and parenting." In re Tabitha P., 39 Conn.App. 353, 361, 664 A.2d 1168 (1995); In re Galen F., 54 Conn.App. 590, 594, 737 A.2d 499 (1999). The ultimate question is whether the parent at the time of the filing of the Termination Petition is more able to resume the responsibilities of a parent than he or she was at the time of commitment. In re Michael M., 29 Conn.App. 112, 126, 164 A.2d. 832 (1992).
As stated, the Court, pursuant to statute, must not only consider whether the parent can rehabilitate within a reasonable period of time, but also the age and needs of the child. Infancy of a child in and of itself dictates that the child requires a high level of care. See In re Carol O., 10 Conn.App. 428, 435-36, 523 A.2d 1339, cert. denied, 204 Conn. 802 (1987). Not only are Michael Ahmad B. and Mikel Rashad B. infants, but they are children with special needs which were previously discussed.
Whether the age and needs of the child would support allowance of further time for the parent to rehabilitate must also be considered. In CT Page 9603-y re Luis C., supra, 210 Conn. 167. The reasonableness of the time period within which rehabilitation is sought to be accomplished is a question of fact for the court. In re Davon M., 16 Conn.App. 693, 696, 548 A.2d 1350 (1988). Also, in determining whether further allowance of a reasonable period of time would promote rehabilitation, a court can consider efforts made since the date of the filing of the petition to terminate parental rights. In re Sarah M., 19 Conn.App. 371, 377, 562 A.2d 566 (1989).
Facts in Support of TPR Immediate Grounds for Termination of Parental Rights
The said children were born on September 20, 2004, at thirty-two weeks gestation. At the time of said children's birth, their meconium toxic screen was positive for morphine. Mother has a significant history with DCF dating back to 1993 due to her ongoing drug use.
On January 16, 1997, DCF filed Petitions for the Termination of Parental Rights with regard to Mother as to Desirae W. and Elbert B. III in the Superior Court for Juvenile Matters, 920 Broad Street, Hartford, CT 06106. The petitions were granted on or about May 6, 1997, based in part on Mother's failure to rehabilitate, abandonment, and no ongoing parent-child relationship.
On September 24, 2003, the Department filed a Motion for an Order of Temporary Custody (OTC) and a co-terminous petition with regard to Dennis W., a.k.a. Dennis C. The OTC was granted on September 24, 2003, and sustained on October 3, 2003. Dennis C., child, was adjudicated as neglected and committed to the Department on 11/29/04 in the Superior Court for Juvenile Matters in Middletown. Also on 11/29/04, and mother's parental rights with regard to Dennis C. were terminated.
On various dates, Melissa W.'s parental rights were terminated with regard to three of her children: Desirae W., Elbert B III and Dennis C. The grounds of the Petitions for the Termination of Parental Rights of Melissa W. as to these children were abandonment, failure to rehabilitate, and lack of ongoing parent/child relationship. Michael Ahmad B. and Mikel Rashad B. are eight months old and have spent eight months in foster care. They now require a permanent, safe home. Based on clear and convincing evidence, the court concludes that Michael Ahmad B. and Mikel Rashad B., born on September 20, 2004, are children under the age of seven years, who are neglected and uncared for, and that their mother, Melissa W. had her parental rights of three other children terminated as revealed by the judicially noticed records of those three cases. The court further concludes by clear and convincing evidence that CT Page 9603-z Melissa W., as of the adjudicatory date, was unable or unwilling to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the children, she could assume a responsible position in the lives of Michael Ahmad B. and Mikel Rashad B. Melissa W. has never adequately addressed her substance abuse or behavioral problems, which are of many years' duration. Even the legal loss of other children did little to encourage her into rehabilitating. In Michael Ahmad B. and Mikel Rashad B.'s case, Melissa W. has persisted in the same type of risky, antisocial and avoidance behaviors that led to the termination of her rights to these other children.
SUMMARY OF ADJUDICATORY FINDINGS
This court has found that the Commissioner has proved the following adjudicatory grounds by clear and convincing evidence: that the biological Mother, Melissa W., has failed to rehabilitate.
The Father consented to the termination of his parental rights in open court. He filed a written consent. This court found that Father voluntarily and knowingly consented to the termination of his rights having received the advice and assistance of competent legal counsel and having understood the consequences of his actions. His 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 children in any other court.
The petition has been amended to allege as the sole ground for termination of the Father his 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 Father had consented to the termination of his rights to his children 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 Father due to his consent.
IV CT Page 9603-aa DISPOSITION
Except in the case where termination is based on consent, if grounds have been found to adjudicate the child neglected or uncared for and to terminate parental rights, applying the respective standards of proof the court must then consider whether the facts 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 not find that the child's best interest would be served by terminating parental rights, it must return to, and dispose of, the neglect petition. 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 the petitioner for the termination of parental rights have been proven.
Before making a decision whether or not to terminate Melissa W.'s parental rights, as she did not consent, to the extent of being canvassed, the court must also 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.
Melissa W. was referred to many programs throughout the period of many years, however, until recently, she never took advantage of those offerings. See facts above. Melissa W., until very recently, never complied with any of these services, did not make herself available for substance abuse evaluation, and never kept her appointments set by or with the Department. Also, Melissa W. rarely visited with her children, though she was offered weekly visitations with them.
(2) Whether the Department of Children and Families has made reasonable efforts to reunite the family pursuant to the Federal Child Welfare Act of 1980, as CT Page 9603-ab amended.
DCF made reasonable efforts to reunite the family. As noted above, until recently, Melissa W. was unwilling or unable to benefit from any reunification services.
(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.
Melissa W. has never fulfilled her obligations ordered by the court, until recently.
(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.
Michael Ahmad B. and Mikel Rashad B. have little, if any, positive feelings toward Melissa W., but appear bonded and have emotional ties with the foster parents in whose home they have lived since October 12, 2004 and October 20, 2004, respectively.
(5) The age of the children.
The children were born on September 20, 2004 and are eight 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.
Until very recently, Melissa M. has made little effort to adjust her circumstances to permit her children to safely return to her care and she failed to maintain CT Page 9603-ac regular contact with her children or with DCF. See facts above.
(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.
There is no evidence that DCF, the father, Michael B., or any other person prevented Melissa W. from having a meaningful relationship with the children. There is no evidence that economic circumstances prevented this, either. It is abundantly clear that Melissa W., when she wants to, knows how to appeal to a variety of social service agencies for help. It was Melissa W.'s own poor judgment and substance abuse that interfered with maintaining a relationship with her children.
B. Best Interest of the Children.
The court must now address the issue of whether the termination of parental rights is in the best interests of the children. C.G.S. § 17a-112(j)(2).
It is sadly evident that Melissa W.'s persistent substance abuse, inability to maintain a lifestyle free from ready access to drugs, criminal activities and selection of inappropriate male partners has, as a practical matter, rendered her chronically unable to properly care for her children.
Melissa W. has continually demonstrated her inability to appropriately meet the physical, medical and emotional needs of her children. She is unemployed and her housing situation is unstable. She cannot financially provide for the basic needs of the children. She has very recently addressed her chronic substance abuse problems but in view of her recent history and her own acknowledgement of needing to be concerned solely with her own rehabilitation, this does not render reunification an option.
Michael Ahmad B. and Mikel Rashad B., who have specialized needs in that they are infants and are completely dependent on a competent caretaker to provide for their every need, were placed in a DCF Licensed Foster Home on 10/12/04 and 10/20/04.
Termination of parental rights of Melissa W. is in the best interest of CT Page 9603-ad the children, Michael Ahmad B. and Mikel Rashad B., in that they are infants who require a competent and sober caretaker who can care for their basic needs.
Mother, Melissa W. has given birth to 4 children prior to Michael Ahmad B. and Mikel Rashad B. The State of Connecticut terminated Melissa W.'s parental rights on her two oldest children, and the third child died as a result of severe medical complications at a very young age while in state custody. Her parental rights with regard to her fourth child were terminated on 11/29/04 by the Honorable Judge Crawford at the. Superior Court for Juvenile Matters in Middletown. Melissa W. has never parented any of her children.
Melissa W. began using drugs in July 2004 while pregnant with the twins. She left the NEON program on 7/22/04 without a solid discharge plan, and against the recommendations of the program, DCF, and her attorney. It does not seem that Melissa W. will be in a position to assume the responsibility of caring for her sons Michael Ahmad B. and Mikel Rashad B., in any reasonable amount of time.
The parents are unwilling or unable to benefit from reunification services, in that Mother has shown little interest, until recently, in the upbringing of the children as evidenced by her lack of interest in visiting the children. She has admitted to a long-standing history of substance abuse and has failed to successfully complete any programs to address this issue until a few months ago.
Despite the specific steps ordering that she refrain from involvement with the criminal justice system, Mother has been arrested 24 times and incarcerated on numerous occasions. Father has shown no interest in the upbringing of the children as evidenced by his lack of interest in visiting the children. Mother has not supported the children physically, emotionally or financially.
Father has shown no interest in the upbringing of the children as evidenced by his failure to maintain contact with DCF and demonstrated lack of interest in visiting the children or calling to find out how the children are doing. Father has not supported the children physically, emotionally or financially.
The court finds by clear and convincing evidence that it is in Michael Ahmad B. and Mikel Rashad B.'s best interests for termination of parental rights to enter with respect to Melissa W., their biological Mother and Michael B., their biological Father. CT Page 9603-ae
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 Michael Ahmad B. and Mikel Rashad B.'s best interests to terminate the parental rights of Melissa W., the biological Mother and Michael B., the biological Father of Michael Ahmad B. and Mikel Rashad B. Accordingly, it is ordered that their parental rights to Michael Ahmad B. and Mikel Rashad B. are hereby terminated.
It is further ordered that the Commissioner of the Department of Children and Families be appointed the statutory parent for the children for the purpose of securing an adoptive family and a permanent placement for the children.
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 their children.
BY THE COURT,
WOLLENBERG, J.