IN RE: Jahila A. (2011)

MEMORANDUM OF DECISION

In accordance with General Statute Section 46b–124 and the Practice Book 32a–7, the names of the parties involved in this case are not to be disclosed and the records and papers of this case shall be open for inspection only to persons having a proper interest therein and only upon order of the Superior Court.

This case presents a hearing on a permanency plan filed by the Department of Children and Families on December 23, 2010 and the objection to said plan filed on behalf of the child by her attorney on January 11, 2011.   The permanency plan filed by DCF requests that the court approve the permanency plan goal of adoption and find that DCF has made reasonable efforts to achieve the permanency plan goal.   The child's objection to the permanency plan states in relevant part that “Long term foster care with her current foster parents is preferred over an adoption which would require the disruption of her current placement.”

The motion to approve the permanency plan and the objection of the child to said plan was heard by the court on March 23, 2011.

The court has reviewed the applicable motions, has heard the testimony of the witnesses produced at the hearing and considered each full exhibit.   The credible and relevant evidence submitted during the hearing reveals the following facts.

The child, Jahila A., was born on April 29, 2003 and will soon to be eight years old.   The parental rights of her mother and father were terminated on April 7, 2009.   She was first placed in DCF care in 2007 when she was almost four years old.   Her first placement by DCF lasted four days, her second placement lasted ten days.   The foster parents in her second placement asked that the child be removed from their care due to the aggressive behavior of Jahila.   She was then moved into and safe home and was finally placed in a therapeutic foster home with her current foster parents, in February 2008, where she currently remains.   Jahila has a number of problems including reactive attachment disorder, post traumatic stress disorder and oppositional defiant disorder.

A DCF social worker testified that the permanency plan of adoption would be in the child's best interest as the child has been in the care of the Department for many years and that she would benefit from being in a permanent family.   She testified that the current foster parents did not take the child to all of the appointments scheduled with her therapist over the past several years and that the foster father expressed his lack of commitment to comply with all recommended services in that he felt that DCF was going to take the child away anyway.   However, the foster parents in the past have said that they will do whatever is necessary for the child.   Additionally, DCF raised concern about the foster parents taking a vacation last year to Disney without the child last year, with the foster parents indicating that they needed to take a break away from Jahila.   That having been said, the social worker testified that if the court approved the permanency plan of adoption, DCF would still work with the current foster parents for a potential adoption and that they have not investigated any other possible homes for an adoption of Jahila.   The social worker also testified that Jahila likes living with her current foster parents and would like to remain with them.   It was also reported that the foster parents would be willing to have the child stay with them on a long-term basis.   They are willing to adopt but only if assistance is provided for post-adoption assistance such as day care assistance, and respite care.

Dr. Eileen Gruenberg testified as an expert in general clinical psychology and attachment and trauma disorders.   She is providing therapy for the child, Jahila and her foster parents, Darci D. and Eric B., for the past approximate two years.   She diagnosed Jahila as suffering from reactive attachment disorder, post traumatic stress disorder and anxiety disorder.   Dr. Gruenberg testified that reactive attachment disorder results in a lack of trust and security in relationships that are as a result of a child not having the ability to bond in their early years.   She is working with Jahila in developing trust in her relationship with the foster parents.   Dr. Gruenberg reported that she is making progress with the therapy.   She reported that the foster parents have been responsive in the therapy.   Jahila has expressed to her desire to stay in her current placement with Darci and Eric, her love for them and considers them her family.   The foster parents have indicated that they are ready to commit to adopt Jahila but are concerned about the availability of resources such as the availability of respite care as well as long-term appropriate psychotherapy.   She also testified that she feels very confident about the long-term commitment the foster parents have with Jahila and that they love her, care for her and have always been there for her.   She would have grave concerns if DCF proceeds in the plan of adoption for Jahila with people other than her present foster parents, in that Jahila would decompensate.   Jahila has taken several years to bond with her current foster parents.   Dr. Gruenberg testified that the risk of moving Jahila if she were adopted to another family would far outweigh the benefits of the permanency of an adoption.   It would be hard to repair the feelings of rejection that Jahila would have.   As to Jahila, the distinction between being adopted by her current foster parents or remaining in their home under foster care is not as significant to her in her perception of permanency as the prospect of her moving out of the home.   Dr. Gruenberg also testified that the foster parents have been appropriate in their working with Jahila.   She also supported the fact that the foster parents did not take Jahila on the vacation last year finding that it was in the best interest for not only the foster parents, but also for Jahila.   She said that it was appropriate considering that the trip might have been disruptive to the child and presented behavioral problems and that the break served all parties.

The foster mother, Darci, testified that she received therapeutic foster home training and that Jahila was approximately four years old when she first came into her and Eric's care.   Jahila refers to her foster mother as Mommy and to her foster father as Daddy.   She also refers to the two other children, a boy who is thirteen years old and a girl who fifteen years old, living in the foster home, as her brother and sister.   Jahila also refers to the foster parents relatives as her relatives.   Darci testified that they did not take Jahila on the family vacation last year to Disney because the child is afraid of airplanes and that Jahila was having a rough time and as such, she was afraid that Jahila couldn't handle the trip.   She also testified that they take Jahila wherever they go, including camping trips several times each summer while Jahila has been living with them.   The foster mother also testified that she and Eric both love Jahila, are committed to having her stay with them for as long as needed until she grows up and becomes an adult.   They are willing to adopt Jahila if services are put in place to assist them post-adoption.

The guardian ad litem testified that the child has revealed to him that she would like to remain in her current foster home.   He is not opposed to the adoption of the child but is opposed to the permanency plan of adoption.   The guardian reported that the current foster parents would be the preferable people to adopt Jahila.

The court does not find that the permanency plan goal of adoption is in the best interest of Jahila.   As previously reported in this decision, Jahila suffers from a number of very significant conditions that have required and will require specialized services in order to help her address these long-standing problems.   She has been in multiple placements since being in DCF care, many of which have disrupted due to the extraordinary circumstances of this child.   DCF is fortunate to have been able to locate and place Jahila with the care of her present foster parents, Darci and Eric, in their therapeutic foster home.   She has been in said placement for the past three years and is very well bonded with them and their extended family.   Jahila refers to her foster parents as Mommy and Daddy.   In addition, Jahila has received excellent care by her foster parents.   Although DCF has some concerns regarding the foster parents as expressed in the hearing, DCF recognizes the value of the foster parents to Jahila by virtue of DCF seeking to place the child with them pursuant to an adoption.   The court is very well aware of the need for permanency for a child and the benefits to a child in being adopted.   However, the court is also aware of the unique circumstances of this case of having a very young child who has had long-standing attachment issues being able to bond and maintain a loving relationship with her foster parents and their home for the past three years.   The court has also considered the testimony of the child's therapist who testified that she would have grave concerns if the child's placement were to be disrupted and that the child would be adversely impacted by the severing of a strong relationship with her foster parents that she was able to develop despite her suffering from conditions that make it difficult for her to do so.   Dr. Gruenberg also was of the opinion that the foster parents are strongly committed to Jahila.   The guardian ad litem as well as the attorney for the child also were requesting the court to not approve the permanency plan of adoption.   Even if another family were ready, willing and able to adopt Jahila, there would be no assurance that the adoption would be successful under these circumstances due to the child's emotional difficulties.   The present foster parents have also indicated their commitment and willingness to maintain a home for Jahila with or without an adoption.   They have expressed a fear that they would not be able to receive the assistance, post-adoption that they believe they require on behalf of Jahila should they adopt at the present time.   Hopefully, DCF and the foster parents can at some point reach an agreement as to the providing of post-adoption services so that Jahila can have the added benefit of being adopted in addition to being loved.

Accordingly, the court, having considered the evidence presented at the permanency plan hearing, hereby finds by a preponderance of the evidence that the plan for the adoption of the child, Jahila, is not in the best interest of the child.   The objection to the permanency plan filed on behalf of the minor child by her attorney is sustained.   The court also finds that DCF has made reasonable efforts to achieve the identified permanency plan.   The court has also taken into consideration in making its decision Jahila's need for permanency and her health and safety.   The court orders the Petitioner to submit another permanency plan no later than thirty days from this judgment and a hearing on said plan to be held on June 1, 2011 at 11:15 a.m.

BY THE COURT,

E. GRAZIANI

Graziani, Edward C., J.