IN RE: Santa O. (2010)

MEMORANDUM OF DECISION

On November 26, 2006, The Department of Children and Families filed a Motion to Modify Protective Supervision to Commitment.   This Court heard the matter on December 9, 2010.   The parties stipulated that:

1.  The Children reside with their Mother, Ketsy R. O.;

2.  Mother has successfully completed an in-patient program for substance abuse;

3.  Mother has suitable and appropriate housing for her children;

4.  Mother made arrangements for the care of her children when she entered a drug treatment program;

5.  Santa O. turned eighteen on December 18, 2010;  and

6.  Mother tested negative for illegal substances on December 6 and 8, 2010.

DCF offered and the Court admitted without objection exhibits A-F. Exhibits A and B report that as of November 18, 2010, Leonardo had four unexcused absences;  that he is a “loveable student” but can be explosive;  Exhibit C reports that he excels in language arts, science, reading, chorus, physical education and art, but struggles in math, social studies, numeracy skills, physical education and science.   Exhibit D is a DCF status report dated October 27, 2010.   The relevant information in that report is that Mother had relapsed and used cocaine in early October and checked herself into an inpatient substance abuse program at CVH-Merritt Hall in Middletown.   She arranged for her adult daughter to care for her children in her absence.   The status report recommends that Leonardo and Santa be committed to DCF's care.   Exhibit E is a status report in August that recommends that, “Protective supervision remain active and that [ ․ Mother] follows up with all treatment recommendations, as well as random toxicology screens at Morris Foundation and that she follow up with Leonardo's dental needs.”   Exhibit E is a copy of Mother's specific steps ordered by the Court on January 30, 2009.

Counsel for the Children requested that they be allowed to testify.   At hearing the Court allowed both children to speak and both asked the Court to deny DCF's Motion to commit them to the care of DCF.

At her point of relapse in October, Mother entered a forty-five-day treatment program and arranged for appropriate adult care of the minor children in the household.   The Court reviewed the file and finds that Mother has worked very hard over a period of years to control her temptation to use drugs.   The only minor children in the home at this time are Leonardo and Santa's infant daughter.   Adult resources are available to support Mother at times of need.   Santa has aged out of DCF's period of responsibility.   In light of Santa's reaching the age of eighteen six days after the trial the Court urged her to reconsider the benefits that she and her infant child might realize by her commitment to DCF before her eighteenth birthday.   She reported that her attorney had advised her of those potential benefits, but she was comfortable and secure living with her mother and siblings.

Counsel/guardian ad litem for the Children urged the Court to deny the requested commitment.   The Court can find no compelling reason to take Leonardo from his extended family.   His history indicates that he is willing to seek help when he is at risk.   He did so in the past and now has adult siblings to whom he can turn if he is in need.   The Court denies DCF's Motion to commit Leonardo.

Hon. Thayer Baldwin, Jr. JTR.

Baldwin, Thayer, J.