IN RE: Michael O. (2011)

Wollenberg, William L., J.T.R. Opinion Title MEMORANDUM OF DECISION' This case presents a petition for the termination of parental rights of Joana O., biological Mother of the minor children Michael O. and Julia V., Miguel O., biological Father of the minor child, Michael O., and Joseph V., biological Father of the minor child Julia V. On March 3, 2011, Joana O. and Miguel O. consented to the termination of their parental rights in open court.   On March 3, 2011, Father, Joseph V., did not appear in court.   Father's counsel did appear and presented to the court an Affidavit/Consent to Termination of Parental Rights, Father's Exhibit 1, which was properly certified.   He also reported to the court that he had spoken to Father, Joseph V., and that he had intended to be present but due to his employment and financial hardship, it was virtually impossible.   Joseph V.'s counsel attempted to contact him by telephone with the hope that the court could be in contact with him, but this effort was unsuccessful.   It was further reported that counsel had canvassed Father, Joseph V., and that he had knowingly and voluntarily consented to the termination of his parental rights, having received advice and assistance of competent counsel and having understood the consequences of his actions.   The grounds of Failure to Rehabilitate § 17–112(j)(3)(B1) and No Ongoing Parent/Child Relationship § 17–112(j)(3)(D) were not withdrawn and the ground of consent to termination was added by the petitioner.   This court found that Mother and Fathers, Miguel O. and Joseph V. voluntarily and knowingly consented to the termination of their parental rights, having received the advice and assistance of competent legal counsel and having understood the consequences of their actions.   Their consent was accepted by this court.   This court finds that notice has been given in accordance with Connecticut General Statutes and the Practice Book. The court has jurisdiction in this matter and there is no pending action affecting custody of the children in any other court.   Mother and Fathers, Miguel O. and Joseph V. are unable or unwilling to benefit from reunification efforts.   The Permanency Plan is approved and the Department of Children and Families has made reasonable efforts to achieve the Permanency Plan. The petition has been amended to allege, as the sole ground for termination of Mother and Father, Miguel O., their consent to termination.   The court, having read the verified petition dated July 7, 2010, several Exhibits (A–H), as well as other documents, makes the following findings by clear and convincing evidence.   ADJUDICATION Mother and Fathers, Miguel O. and Joseph V. have consented to the termination of their parental rights to their children and the consent has been accepted by the court.   No findings are necessary to be made pursuant to Conn. Gen.Stat. § 17a–112 due to their consent.   DISPOSITION Based on the foregoing, the court determines that it is in the best interest of the children, Michael O. and Julia V. to terminate the parental rights of their biological parents, Joana O., Miguel O. and Joseph V. The termination of the parental rights of Joana O., Mother, Miguel O., Father, and Joseph V., Father are ORDERED.   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 adoption and permanent placement.   The statutory parent is ordered to file the appropriate written reports with the court, as is required by state and federal law and which show the efforts to effect the permanent placement of these children.   BY THE COURT, WOLLENBERG, J.