IN RE: Alicia F. (2010)

MEMORANDUM OF DECISION AS TO MOTION TO REMOVE DCF AS STATUTORY PARENT and MOTION FOR SUBSIDIZED ADOPTION OR TRANSFER OF GUARDIANSHIP

The Commissioner of the Department of Children and Families (DCF) moves this court to terminate DCF's role as statutory parent for the minor child and to transfer guardianship to the minor's biological mother, Tonya F., whose parental rights had previously been terminated.

Tonya F. has moved this court to order a subsidized adoption or a transfer of guardianship with a financial subsidy from DCF.

Background

On October 6, 2006, DCF filed a petition for the termination of the parental rights of Tonya F. and Jeffrey F. On March 14, 2007, the parental rights of Tonya and Jeffrey, parents of the then fourteen-year-old child, were terminated, by consent of the parents, and DCF was appointed as the child's statutory parent.

On March 31, 2009, DCF filed the captioned motion to remove itself as the statutory parent, which motion also seeks an order to transfer guardianship and custody to Tonya F., the biological mother whose parental rights had previously been terminated.   On July 13, 2009, Tonya F. moved to have her parental rights reinstated.   The court, J. Randolph, denied that motion on July 31, 2009.   As to DCF's motion, the court (J. Randolph), ruled, on July 31, 2009, on the legal viability of DCF's motion, holding that the court has authority to remove DCF as the statutory guardian and to appoint a guardian.   However, the court did not rule on the substance of the motion at that time because the court determined that an evidentiary hearing was necessary to determine (1) whether good cause exists;  (2) the best interests of the child;  and, (3) the suitability and worthiness of the proposed guardian.   That hearing went forward on January 19, 2009, coincidentally the seventeenth birthday of the child.

Factual Findings

From the time of the termination until January 2009, the child fled from the foster homes in which she was placed and she remained missing for most of the time of that almost two-year period, or as the parties stated in the evidentiary hearing in this matter, the child went “AWOL.” The evidence reveals that the child was in dangerous and highly inappropriate situations during this time and engaging in behavior that resulted in her arrest.   In January 2009, arrangements were made for the child to reside with Tonya F. This arrangement has continued for the last year.

The evidence presented at the hearing reveals that, despite considerable efforts by DCF to provide a safe and nourishing environment for the child since the date of the termination of parental rights, those efforts have not been successful.

However, much improvement has been realized in this last year while the child has lived in Tonya F.'s home.   The child has continued to reside in the home and has been, until recently, attending school regularly.   She has now been transferred to an adult education program.   There has also been other improvement in that the child has cooperated so that her medical and psychological needs could be addressed.   The evidence reveals that this positive result is attributable to the efforts of DCF, Tonya F., and the child.   In addition, both the child and Tonya F. are making progress in their counseling.   Furthermore, Tonya F. has made significant progress with her substance abuse issues, having successfully passed her last five tests.   Tonya F. lives in an appropriate apartment and the only other resident is Tonya's five-year-old son.   Tonya receives state financial assistance and her housing is subsidized through the Section 8 program.

Counsel for the child made it clear at the hearing that the child does not want to be involved with DCF in any way whatsoever.   The child's guardian ad litem argued that Tonya's parental rights should be reinstated.   There was no opposition to the appointment of Tonya F. as the minor's guardian.

Discussion and Orders

The duties of a guardian of the person of a minor include:  the obligation to give care to and to exert control over the minor, as well as to make major decisions affecting the minor's education and welfare.  General Statutes § 45a-604(5).   This court has considered those responsibilities as well as the directives of all of the applicable statutes and common law, with specific reference to the factors set forth in General Statutes § 45a-617.

Under the clear and convincing standard, the court finds that:  Tonya F. is presently capable of meeting on a day-do-day basis the physical, emotional, moral and educational needs of the minor;  Tonya F. has established a good relationship with the minor;  and, Tonya F. is a suitable and worthy guardian for the minor.   Under that same standard, the court finds good cause exists to terminate DCF's role as statutory parent and that it is in the best interests of the minor to terminate DCF's role as statutory parent and to transfer guardianship of the minor to Tonya F.

DCF's motion is granted-the statutory parental status of the Commissioner of the Department of Children and Families is terminated and guardianship of the minor is transferred to Tonya F.

Tonya F.'s motion for an order that financial subsidies be made by DCF is denied.

SO ORDERED.

Epstein, J.

Epstein, Constance L., J.