IN RE: Quinton N. (2011)

MEMORANDUM OF DECISION

These actions are brought by The Department of Children and Families (“DCF” or “Petitioner”) seeking to terminate the parental rights of the biological mother and the biological father of Quinton N., Jr. (hereinafter referred to as “Quinton N., Jr.,” or “child”).   The biological mother of this child is Antwanesha E. (hereinafter referred to as “Antwanesha E.” or “Mother”).   The biological father of this child is Quinton N., (hereinafter referred to as “Quinton N.” or “Father”).

On 4/29/09, Orders of Temporary Custody and a Petition of Neglect were filed on behalf of the above-named child.   The Orders of Temporary Custody were granted on 4/29/08 and subsequently sustained on 5/8/09.   On 8/18/09, Quinton N., Jr. was adjudicated neglected and committed to the Department of Children and Families.

On 1/14/10, DCF filed a permanency plan of termination of parental rights and adoption which was approved on 4/30/10.

On 6/18/10, Petitions to Terminate the Parental Rights of Antwanesha E. and Quinton N. were filed as to Quinton N., Jr.

On 7/15/10, the Court confirmed service on both parents.   Parents were present and advised of their rights, and denials were entered.   A CMC was set for 8/30/10 at 10:00 a.m., and thereafter a trial was set for 11/18/10 and subsequently continued to 3/10/11.

On 2/15/11, a permanency plan of Termination of Parental Rights and Adoption was filed and approved.

On 3/10/11, the court commenced trial.   Both Antwanesha E. and Quinton N. were present.

At the time of trial, counsel for DCF submitted sixteen exhibits (A–P).  Two witnesses testified for DCF.

The court finds that there is no action pending in any other court affecting custody of this child and that this court has jurisdiction in this matter.

The grounds of the Petition for TPR as to the biological mother, Antwanesha E., and as to Father, Quinton N., are Failure to Rehabilitate.

The court has applied the burden of proof applicable to the Termination of Parental Rights, has reviewed the Neglect Petition and the social studies and exhibits that were submitted in evidence.   The court has utilized the applicable legal standards in considering the evidence and the testimony of any witnesses.

I

FACTUAL FINDINGSA. Background, Facts Substantiating Allegations of Neglect and Termination

The Department of Children and Families first become involved with Mother, Antwanesha E., in September 2008.   Since that time there have been two referrals of physical neglect on the grounds of psychiatric issues with an adverse physical impact.   The first report on 9/3/08, alleged physical neglect against Mother towards her older child, A'monie, and the second alleged physical neglect against Mother and Father, Quinton N. toward Quinton N., Jr. Both reports were unsubstantiated.

Mother, who has unaddressed mental health issues, was admitted to Natchaug Hospital on 8/26/08 and diagnosed and discharged on 9/25/08, but failed to follow-through with outpatient therapy.   According to her discharge summary, she appeared psychotic, displaying paranoia and notable inappropriate effects.   She was started on medication and showed significant improvement, but upon discharge refused medication and experienced progressive deterioration in her mental health status.

On 1/8/09, the day after Quinton N., Jr.'s birth, he fell from Mother's arms to the floor in the hospital as she fell asleep.   On 2/1/09, Mother was hospitalized at Hartford Hospital for a second time since 8/23/08 for mental health issues and irregular behaviors at MGG, Diane E.'s home.   She was placed at St. Vincent's Behavioral Health Adolescent Unit from 2/2/09 to 3/13/09.   It was reported that Mother stabilized her aggressive behavior when she was compliant with her medication.

On 3/13/09, an OTC was granted on behalf of Mother as a minor.   Maternal grandmother, Suzette E. (“MGM”), refused to provide care for her and she was placed with maternal great grandmother, Diane E. (“MGG”).  On 3/20/09, the OTC was sustained and on 4/23/09, Mother was committed to the care and custody of DCF.

Diane E. reported that Mother had not been compliant with her prescribed mental health medication;  had missed scheduled medical/mental health appointments;  had neglected her responsibilities as a parent by absenting herself from the home for periods of time;  and had stated that she felt that Mother could not be considered as a primary caregiver for her children.

The fathers of both A'monie E. and Quinton N., Jr. had reported that they could not be considered as primary caregivers for their respective children.

B. Mother, Antwanesha E.

Antwanesha E. was born on 6/6/91 in Hartford, CT. to Suzette E. and Charles W. She has one brother and three sisters:  Antwanette E., DOB 05/01/90;  Cwadacha J., DOB 07/28/93;  Tiffany J., DOB 10/08/97;  and Kelton J., DOB 02/28/04.   Cwadacha J., Tiffany J. and Kelton J. reside with MGG in Windsor, CT, and Antwanette E. is living with MGG in Hartford.   Antwanesha E. resided in the Hartford area until 2007, when she and her extended family moved to Windsor, CT.

Mother's mental health issues began during her pregnancy with her oldest child, A'monie E. Although MGM reported a willingness to offer emotional support to Mother following her hospitalization in February 2009, she refused to allow her to return to her household as her behaviors were too disruptive and unmanageable.   MGM identified MGG as Mother's most reliable support, and in fact, Mother and her children had been in MGG's care at the time of her children's removal.   Maternal Grandfather has had limited to no involvement with Mother.   She believes he is incarcerated in New Haven, CT. Antwanesha E. has no criminal record.

Antwanesha E. did not complete her sophomore year in high school and in 2009 she entered adult education through the Hartford Public School system.   She enrolled in The Sawyer School in June 2010, and had plans to work toward her GED and enroll in a program for medical records, although this has not been confirmed by DCF.

Antwanesha E. has never been married.   She had a serious relationship with Darren C., Father of A'monie E., when she was about fourteen years old.   She met Quinton N., Father of Quinton N., Jr. with whom she had a year-long romantic relationship that ended shortly after Quinton N., Jr.'s birth.   Father was not responsive to Mother's requests for assistance with the child's care and she felt deserted and the sole provider for her newborn's needs.

Antwanesha E. reported an incident of domestic violence alleging that Father had assaulted her on 6/5/09.   She obtained a Protective Order against him shortly thereafter.   She is not in a romantic relationship at the present time.

Mother has been hospitalized for mental health concerns on several occasions.   In between her hospitalizations, she gave birth to her second child, Quinton N., Jr. Mother received pre-natal care and her child was born healthy.   Her treating psychiatrist at St. Vincent's reported that it is likely that Mother will have to deal with mental health issues for the remainder of her life.   She was discharged from St. Vincent's on 03/13/09 into the care of MGG with in-home support services through Intensive In–Home Children and Adolescent Psychiatric Services (IICAPS).

Antwanesha E. continued her involvement with IICAPS, which provided therapy, medication management, established psychiatric appointments and connected her to community resources from March 2009 until July 2009.   Her clinician, Brooke H., reported that she had made significant progress in maintaining her medication regime, keeping well organized and following through with all appointments.   She had additionally completed a series of parenting classes geared toward infants and toddlers through The Village for Families and Children, as well as a second series of parenting technique classes.

Mother completed a random urine screen at Alcohol & Drug Recovery Centers (ADRC) on 06/19/09, and tested negative for all substances.   She failed to attend the Project Safe Evaluation at ADRC on 07/27/09, and a second extension to the evaluation was requested.   On 8/26/09, Advanced Behavioral Health (ABH) was contacted to request an extension for the Project Safe Evaluation for Mother.   The expiration date related to that request was on 9/6/09, but ADRC was not able to schedule her until after 9/16/09.   On 9/21/09, ABH was contacted to request a third extension for the Project Safe Evaluation for Mother.   She finally attended the Project Safe Evaluation at ADRC on 10/15/09.   A second random urine screen was conducted on 10/15/09, and the results were negative for all substances.

Antwanesha E. is not currently employed, but desires to secure a part-time job to assist her in establishing a level of independence.   She enrolled in a medical records course of study at the Sawyer School.

C. Father, Quinton N.

Father, Quinton N. was born in Hartford, CT on 01/24/86, the youngest of three children born to Quin and Ethel N. He has a brother and a sister, who reside in Wethersfield, CT. He has maintained a relationship with paternal aunt and talks with her occasionally on the phone.

Quinton N. resided with paternal grandfather (“PGF”) until he was fifteen years old and when PGF, who was terminally ill, died, Quinton N. was able to secure a Section 8 rental supplement.   He did not elaborate on the whereabouts of paternal grandmother.

Quinton N. attended Weaver High School partially through his sophomore year, at which time PGF became ill and he was torn between caring for him and completing his academic responsibilities.

At age sixteen, Quinton N. started working at United Parcel Service (UPS) where he stayed for approximately a year and a half.   He has had a patchy employment record.

Quinton N. was in inpatient treatment at Alcohol & Drug Recovery Center (ADRC)/Mt.   Sinai Rehabilitation Hospital on 10/14/09.   He was not satisfied with his housing and desired to move to another location.   Prior to the initial meeting with DCF, he had left several messages about wanting to leave treatment, as he had another child, a newborn, and that child and mother needed his support.   He saw the baby at the hospital, but her mother asked him not to sign the birth certificate as it would open the door to DCF involvement.   Father receives food stamps from DSS plus Section 8 housing, and his girlfriend had been paying his $35 monthly rent.

Father participated in The Fatherhood Initiative, and stated that it was “fine, but doesn't help me with expenses.”   He understood the need for participation in substance abuse treatment, but did not think he was in need of inpatient services.   Although he was willing to stay inpatient for a time, he believed he would be better served at intensive outpatient at ADRC.

A search of the State of Connecticut Judicial web site indicates that Quinton N. was arrested in 2000 for Assault 3rd Degree and placed on one year of probation;  and in 2002 for Assault 3rd Degree and placed on two years of Probation.   He has had three pending cases stemming from an arrest on 11/19/08 for Criminal Trespass 3rd Degree and on 08/08/08 for Conspiracy to Commit Possession of Controlled Substance/Marijuana, Sale of Controlled Substance and Conspiracy to Commit Sale of Controlled Substance within 1500 ft of a School.

Quinton N. claims to have respected the Protective Order and has not had contact with the victim, Antwanesha E.

Mother reported a domestic violence incident and the subsequent arrest of Father on 6/8/09.   He did not inform DCF of his arrest or his several days of incarceration.   Mother had gone to stay with Father on 6/4/09.   He was drinking and had taken her cell phone to check who was making calls to her.   Although she had had an exclusive relationship with Father for two years, he remained very jealous of her.   After finding the number of a male acquaintance on her cell phone, he became angry and began screaming at her, accusing her of being a whore.   He struck her and attempted to strangle her and threaten her at knife point.   She claims he told her it would be nothing for him to kill her, and then kill himself.   She was frightened for her life but Quinton N. would not let her leave his home.   When she did manage to escape in the early hours of the morning, she called the police to report the assault.

Quinton N. was arrested on 6/5/09 and charged with Disorderly Conduct, Strangulation 2nd Degree and Unlawful Restraint 2nd Degree, as a result of the alleged domestic violence incident with Antwanesha E. After he had spoken with Family Relations, Quinton N. believed he would be able to enter the Family Domestic Violence Prevention Program.

Mother and Father were involved in an automobile accident.   According to a police report of 10/07/09, Father was operating his vehicle at the time of an accident and Mother was a passenger, even though there was a full Protective Order placed on Father barring contact with Mother.   Father swerved away from a parked car, but hit a telephone pole and both he and Mother fled the scene.   The police report indicated that Mother feared for her life and believed Father intended to kill her.

On or about 2/23/10, Father was arrested on a warrant for Violation of Protective Order with regard to the domestic violence with Mother.   He was incarcerated at Hartford Correctional Center until his release with a promise to appear on 5/19/10.   He faced the following charges related to the incident on 1/28/10:  Violation of Protective Order, Harassment 1st Degree, Threatening 2nd Degree and Breach of Peace 2nd Degree and is awaiting disposition with regard to his Violation of Protective Order and Assault charges.

Quinton N. has been in substance abuse treatment at Alcohol Drug & Recovery Center (ADRC).   Due to his testing positive for substances and the fact that his clinician, Stephen Law, has deemed him “too much of a risk factor to the other clients,” he was referred to the intensive/intermediate Inpatient Program at Mt. Sinai Rehabilitation Hospital.

Quinton N. reported that he and Mother had a year long relationship and that this relationship ended following Quinton N., Jr.'s birth.   Father believes that allowing Mother to reunify with Quinton N. at this time would place him in unsafe circumstances.

D. Child, Quinton N., Jr.

Quinton N., Jr. (DOB 1/7/09), is a twenty-seven-month-old child who is in a CRI relative foster care placement.   He was born full term and had no medical concerns.   He has made wonderful progress at his maternal great aunt's (“MGA”) home since his placement there in April 2009.   He appears to enjoy the involvement of his cousins, who have been inclusive and receptive to his presence in their family.

Quinton N., Jr. was seen for his 15–month well-child exam with Dr. Fantle on 4/09/10.   He was prescribed Albuterol oral inhaler for his symptoms of congestion and “rattling,” with the option of a stronger inhaler (Pre Vental) should his symptoms worsen.   MGA reported that Quinton N., Jr. had had several bouts with upper respiratory infections, which tended to aggravate his congestion but were being medically managed.   His overall development is being monitored and assessed regularly by his pediatrician.

Quinton N., Jr. has two weekly 2–hour visits with his Mother under the supervision of Children First & Partners (CF & P) in the community and the Department at the home of MGM. CF & P had been contracted to supply supervision for these visitations for Father and additionally offer hands-on parenting training and support.   However, due to concerns related to domestic violence and threats made by Father against Mother, these visitations were suspended by the court.

E. Relative Resources

Quinton N., Jr. visits with his maternal half sister, A'monie, as Mother has requested joint visitation with her children.   MGM and MGG have established a bond with Quinton N., Jr. He, in turn, has the benefit of exposure to additional extended family members through their social interaction with his MGA and uncle.   There has been no involvement with Father's extended family at this time.   The supervised visitations with Quinton N., Jr. and Mother have been discussed with MGA and uncle and have been conducted during the holidays to allow Mother to celebrate with Quinton N., Jr. There are no outstanding concerns related to the parenting skills of Mother in a supervised setting.   MGA and uncle are willing to be available to the parents for future visitations.   They are well bonded and emotionally attached to the child and have expressed their desire to adopt Quinton N. if he is legally free for adoption.

F. Present Situation

In July 2010, Antwanesha E. had been transitioned from mental health youth services at The Village to Capital Region Mental Health as she became eligible for the young adult behavioral health services.   She also began some programming at Interval House to address concerns related to the presence of domestic violence in her relationship with Father, Quinton N. She was requested to authorize the exchange of information between Interval House and DCF as Interval House would not disclose release of information via a third party.   DCF needed to access information regarding Mother's engagement in and attendance at counseling sessions and support services to address her needs.

On 7/28/10, a DCF social work supervisor received a telephone call from Mother indicating she was pregnant.   She asked for advice about having an abortion.   She was fearful that DCF would take the baby when she gave birth and the DCF supervisor informed her that if there were no safety or risk factors at the time of the baby's birth, the Department would probably not remove the child from her care;  however, that did not mean that DCF would discontinue involvement.   The supervisor advised Mother to speak with her therapist about her concerns.   Mother stated that she was no longer on medication as she had not experienced hallucinations.   She claimed that the father of her unborn child was a man named Trevor.   She denied that the father of the baby was Quinton N., with whom she had a Protective Order.   On 9/22/10, Mother reported to DCF that she had had an abortion at about 12 weeks' gestation.

On 7/29/10, an “after hours” message was left by Safe Haven Domestic Violence Shelter in Waterbury reporting that Mother had been given a bed.   The caller noted that due to confidentiality issues, no other information could be supplied.

Antwanesha E. has demonstrated limited compliance with her Specific Steps.   She has a significant trauma history which she has yet to address, to any real extent, in therapy and she continued to struggle with substance abuse issues.   She has difficulty managing conflict, and needs to significantly improve her coping skills.

Mother has not been compliant with her prescribed mental health medication;  has missed scheduled medical/mental health appointments;  has neglected her responsibility as a parent by absenting herself for periods of time;  and has made visits with her children strenuous on the children as well as the supervisors of the visits.

Antwanesha E. has been involved with several incidents with Quinton N. which have led to domestic violence and brought about involvement with the criminal justice system.   In spite of this she insists that she does not feel unsafe in the company of Quinton N. On one occasion she was arrested after creating a disturbance at a party and the police had to use a tazer to subdue her.

Mother has not increased her stability by securing housing of a permanent nature.   Her income is limited to SSI for disability but her recent claims of being disabled and not in need of medication may jeopardize that source of income.   It appears that Father intimidates Mother to share her income to the point of threatening her.

Antwanesha E. has been offered a number of services, including Capital Region Mental Health (CRMH), Advanced Independence, Greater Hartford Behavioral Health, as well as other services, but she has attended only sporadically and moves in and out of the programs without attention to their purpose.

Quinton N. was arrested twice in 2008.   These cases were pending at the time his son was taken into DCF care.   He was granted accelerated rehabilitation for his latest arrests in June 2009 following an incident of severe domestic violence toward Antwanesha E. A subsequent domestic violence incident with Father was reported in January 2010, but Mother refused to call the police.   According to Dr. Freedman, Quinton N. has shown a striking level of denial and lack of adequate explanation concerning his criminal record.

Quinton N. continues in his attempt to juggle two relationships, which according to Dr. Freedman creates obvious problems and confrontations as a result.   He has very little, if any income, and few resources to care for his children although he continues to express his intention to care for them.

Father has shown positive tests for alcohol, marijuana and cocaine during the time period he was monitored, testing positive for cocaine on 9/7/10.   He has been offered ADRC and Fathering programs among others.   Although Father's attendance of late has been more reliable, overall it has been minimal.   In addition, his attitude is one of resentment when he is confronted with his problems, and he becomes cavalier about them.

Dr. Freedman stated that “Neither the interview nor the psychological testing gave indications of moods or mental disorder.   The history of Quinton's behavior problems were more suggestive of chronic personality problems.”

Quinton N., Jr. has remained in the care of MGA and uncle since his removal in April 2009.   The home is childproofed and appropriate for him and there are no safety concerns.   He continues to make wonderful progress and is developing normally.   He is responsive to social stimulation and appears to enjoy the involvement of his maternal cousins who have been inclusive and receptive to his presence in their family.

Quinton N, Jr. is good natured child and smiles and laughs often.   He enjoys building blocks and likes the physical challenged of keeping up with his cousin, Kevin.   His language and vocabulary is increasing rapidly.   He walked at about 12 months of age and continues to meet his developmental milestones.   He is up-to-date with his medical and dental needs.

II

TERMINATION OF PARENTAL RIGHTS ADJUDICATION

The court must determine whether the proof provides clear and convincing evidence that a pleaded ground exists to terminate Mother, Antwanesha E.'s and Father, Quinton N.'s rights as of the date of the filing of the petition.

A. Reasonable Efforts Finding

Unless a court has found in an earlier proceeding that efforts to reunify are no longer appropriate, in order to terminate parental rights, DCF initially must show by clear and convincing evidence that it “has made reasonable efforts to locate the parents and to reunify the children with their parents, unless the court finds in this proceeding that the parents are unable or unwilling to benefit from reunification efforts.”  C.G.S. Sec. 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).

DCF has made reasonable efforts to reunify the child with Antwanesha E. and Quinton N.

Reasonable efforts to reunify Quinton N., Jr. with Antwanesha E. and Quinton N. are no longer appropriate because of their inability to gain insight into their substance abuse and mental health issues, and their proven inability to rehabilitate and to provide the care that the child requires.

The parents are unwilling or unable to benefit from efforts because they have been unable to show progress in their rehabilitation with regard to mental health, substance abuse and parenting.   In addition, Father has been involved with the criminal justice system with serious consideration of incarceration.

DCF has been involved with this family since 2008.   The presenting problems with this family were substance abuse, lack of parenting skills, transiency, criminal conduct and mental health issues.

The following reasonable and active efforts were made to prevent removal of the child and/or to reunify the child with her parents:

Antwanesha E. was referred to ICAPPS, The Village for Families & Children and Capital Region Mental Health to address her mental health issues.   She was also referred for a substance abuse evaluation through Project Safe at Alcohol & Drug Recovery Center with drug education instruction though The Village for Families & Children.   DCF has provided her with transportation to supervised visitations with Quinton N., Jr. and with parenting classes through The Village for Families & Children.   She received a Domestic Violence Assessment and was urged to participate at Interval House for domestic violence support services.

Quinton N. was referred to Alcohol & Drug Recovery Center for substance abuse evaluation through Project Safe. DCF provided him with parent education and counseling through The Fatherhood Initiative/The Village for Families & Children and with anger management and domestic violence counseling through The Village for Families & Children.   DCF provided him with supervised visitations with Quinton N., Jr. until they were suspended by the court, and with transportation.

In addition, DCF has made reasonable efforts to achieve the Permanency Plan. All court findings were made by clear and convincing evidence.

B. Grounds for the Termination:  Failure to Rehabilitate—General Statutes § 17a–112(j)(3)(B)(1)—as to biological Mother, Antwanesha E. and Biological Father, Quinton N.

The Commissioner has alleged as a ground for termination that Mother and Father have failed to rehabilitate themselves after their child had been adjudicated as neglected.   This ground for termination, based upon a prior adjudication of neglect and a failure of personal rehabilitation, is clearly articulated in our statutes.  Conn. Gen.Stat. § 17a–112(j)(3)(B)(1) states in part that:

[t]he Superior Court ․ may grant a petition [to terminate parental rights] if it finds by clear and convincing evidence that ․ the child under the age of seven years ․ has been found by the Superior Court ․ to have been neglected ․ and the parent has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child.”

Personal rehabilitation as used in [Section 17a–112] refers to the restoration of a parent to his or her former constructive and useful role as a parent.  “․ [The statute] requires the trial court ․ to find, by clear and convincing evidence, that the level of rehabilitation [they] have achieved, if any, falls short of that which would reasonably encourage a belief that at some future date [they] can assume a responsible position in [their] child's life.”  (Citations omitted;  internal quotation marks omitted.)  In re Eden F., 250 Conn. 674, 706, 741 A.2d 873 (1999) “․ [I]n assessing rehabilitation, the critical issue is not whether the [parents have] improved [their] ability to manage [their] own life, but rather whether [they] have gained the ability to care for the particular needs of the child at issue.”  (Internal quotation marks omitted.)  In re Sarah Ann K., 57 Conn.App. 441, 448, 749 A.2d 77 (2000).   See also In re Ashley S., 61 Conn.App. 658, 665, 769 A.2d 718, 718, cert. denied, 255 Conn. 950, 769 A.2d 61 (2001);  In re Alejandro L., 91 Conn.App. 248, 259, 881 A.2d 450 (2005).

Whether the age and needs of the child would support allowance of further time for the parents to rehabilitate must also be considered.  In re Luis C., supra, 210 Conn. 157, 167–68, 5545 A.2d 722 (1989).   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).

Several aspects of the clear and convincing evidence in this case compel the conclusion that Antwanesha E. and Quinton N. have yet to achieve a sufficient “level of rehabilitation ․ which would reasonably encourage a belief that at some future date [they] can assume a responsible position in [their children's lives].”  (Internal quotation marks omitted.)  In re Sarah Ann K., 57 Conn.App. 441, 448, 749 A.2d 77 (2000).   See In re Alejandro L., 91 Conn.App. 248, 259, 881 A.2d 450 (2005);  In re Ashley S., 61 Conn.App. 658, 665, 769 A.2d 718, cert. denied, 255 Conn. 950, 769 A.2d 61 (2001).   The credible evidence in this case, presented through the TPR social study and exhibits, clearly and convincingly establishes that Antwanesha E. and Quinton N. have not achieved CGS § 17a–112(j)(3)(B1) rehabilitation.   The court credits the DCF reports which show that Antwanesha E. and Quinton N. have been unable to achieve their rehabilitation.

Ground B1—Failure to Rehabilitate as to Quinton N., Jr. by biological Mother, Antwanesha E.

See Section I, Factual Findings, Paragraphs A, B, C, D, E and F above.

Quinton N., Jr. is twenty-seven months old and has been in the continuous care of the Department since 4/29/09.

Antwanesha E. has been informed by the court and DCF that in order to be successfully reunified with the above-named child, she needed to consistently engage in services and demonstrate adequate progress and insight with respect to her ongoing issues of domestic violence and mental health through appropriate and consistent treatment for the purpose of developing an appropriate understanding of the impact of domestic violence and substance abuse on children and how to appropriately protect them from exposure to such issues.

Specific Steps were ordered on 4/29/09, and were amended on 8/18/09, to facilitate the return of the above-named child to Mother's care.   Mother has not been in compliance with many of the Specific Steps.

Mother failed to consistently engage in services to address her issues of domestic violence.

On 06/12/09, while a youth under commitment to the Department, Antwanesha E. was placed into a licensed foster home in Hartford, but she reportedly began violating the home curfew by sneaking out late at night to visit with Quinton N. despite the existence of a Restraining Order.   On 7/14/10, Antwanesha E. made a decision to sign herself out of care.   In spite of her knowledge of Quinton N.'s battering behaviors toward her and the existence of a full Restraining Order, she minimized his behaviors and allowed him to continue a relationship with her.

On 11/17/09, The Village for Families and Children agreed to provide substance abuse services to Antwanesha E. and to address issues regarding domestic violence and substance abuse related to the car incident with Quinton N.

On 12/08/09, an Administrative Case Review (ACR) occurred and Mother was presented with concerns regarding her ongoing relationship with Father and the possibility of an alternative Permanency Plan for Quinton N., Jr., other than reunification.   She acknowledged her disregard for the Restraining Order and the risks that posed for her and her children.

Antwanesha E. has failed to demonstrate an ability or willingness to develop and maintain boundaries and safety plans in order to protect Quinton N., Jr. from exposure to domestic violence.

On 2/16/10, Mother reported leaving the domestic violence shelter in New London.   She felt trapped and felt she would “never get anything accomplished” by remaining there.   She resided temporarily with an old friend on Nelson Street in Hartford, a location relatively close to Quinton N.'s known address.

On 3/10/10, Yovanna W., Director of Children First & Partners (CF & P) informed DCF that the CF & P case worker needed to be notified by Mother in regard to transportation arrangements the evening prior to each visitation.   On 3/4/10, the CF & P worker arrived at Mother's apartment and waited for 13 minutes as apparently Mother had overslept and was not ready when she arrived.   Mother failed to call in on either 3/10/10 or 3/11/10 with regard to the visitation on 3/11/10 and therefore her visit was cancelled.

On 3/18/10, CF & P expressed concern again over Mother's failure to participate in her scheduled visitation with the children.   CF & P reported that she had failed to contact their office to confirm the visit on 3/18/10.   DCF encouraged CF & P to continue their outreach efforts since Mother's visitation with her children was court ordered.

It appears that Antwanesha E.'s mental health decomposition, as evidenced by her missed visitations and failed Court appearance, is interfering with her ability to successfully address daily functioning.   Also, she has not connected with her therapist since her return to Hartford on 2/14/10, and may be out of medication.

On 3/12/10, Mother did not attend the DCF supervised visitation with the children.   The DCF case worker had picked up the children and was at the designated location but Mother was not available, nor did she contact DCF to make alternate arrangements.   The children were returned to their placements.   It was noted that A'monie, Quinton N., Jr.'s sibling, was especially distraught about not seeing her Mother.

On 3/17/10, Oretha Harris, Clinician at The Village, reported that Antwanesha E. had scheduled a therapy session for the week of 2/22/10, but did not show up.

Despite numerous services offered to Antwanesha E. by the Department, she has not made the necessary changes to her circumstances or developed insight with regard to the negative impact of domestic violence and substance abuse on the child to permit him to be safely returned to her care in a timely manner.

Quinton N. has been in the care and custody of the DCF for approximately two years.   He is in need of permanency in a safe, stable and nurturing home.

On 1/08/10, Mother discussed the Permanency Plan for her children with DCF. She reported that she was not willing to give up her rights to Quinton N., Jr. and would prefer a Transfer of Guardianship for him, so that she could keep open the option of regaining guardianship.   The relative resource for Quinton N., Jr. is not open to Transfer of Guardianship.

Antwanesha E. has thus far failed to rehabilitate from her issues and has not demonstrated that it is likely that she could assume a responsible position in the life of Quinton N. To allow her further time to attempt rehabilitation and assume a responsible position in the life of the child is not in his best interest.

Ground B1—Failure to Rehabilitate with Quinton N., Jr. as to Biological Father, Quinton N.

See Section I, Factual Findings, Paragraphs A, B, C, D, E and F, above.   Father has a history with DCF that dates back to November 2008.   Quinton N., Jr. has been in the continuous care of the Department since 4/29/09.

Quinton N. has been informed by the Court and the Department that in order to be successfully reunified with Quinton N., Jr., he needed to consistently engage in services and demonstrate adequate progress and insight with respect to his ongoing issues of domestic violence and substance abuse through appropriate and consistent treatment and to have no further involvement in the criminal justice system.

Specific Steps were ordered on 4/29/09, and were amended on 8/18/09, to facilitate the return of Quinton N., Jr. to Father's care.   Father has not complied with many of the Specific Steps.

On 6/05/09, Quinton N. was arrested by the Hartford Police Department on the following charges:  Strangulation 2nd Degree, Unlawful Restraint 2nd Degree, and Disorderly Conduct.

The Department referred Father for parenting and individual therapy for domestic violence through The Village for Children and Families in July 2009.   He did not return to the parenting program until November 2009.   On 12/01/09, The Fatherhood Initiative reported that Quinton N. had informed them that he would not be available to participate in the program as he had been placed inpatient for substance abuse treatment.   Although he promised to contact The Fatherhood Initiative as soon as he had completed treatment, he failed to do so.   He was offered Saturday sessions, but did not take advantage of this opportunity and completed only two sessions of the 12–week program.

DCF referred Quinton N. for substance abuse evaluation and drug screening at Alcohol and Drug Recovery Center in June 2009.   He began Intensive Outpatient Program (IOP) at Alcohol and Drug Recovery Center (ADRC) in June 2009;  however, he missed appointments for the Project Safe Evaluation on 6/22/09.   On 8/25/09, ADRC reported that Quinton N. had provided a random urine screen and was recommended for the Intensive Outpatient level of care.

On 9/2/09, ADRC expressed concerns over Quinton N.'s random urine screen at intake.   ADRC had excused him to attend his parenting session on 9/2/09, and asked for assistance in re-arranging his parenting sessions to allow for his daily participation in IOP.

Quinton N.'s initial random urine screen on 8/31/09 was positive for cocaine and marijuana, but he denied cocaine use although he admitted to “being around” cocaine.   Two subsequent random urine screens were tested, both of which were positive for alcohol.   On 9/14/09, Quinton N.'s random urine screen from ADRC was negative for cocaine and positive for marijuana at a slightly lower level than the screen on 9/8/09.

On 9/24/09, Quinton N.'s random urine screen from 9/21/09 was positive for marijuana at an elevated level from the previous reading, indicating that he had continued his usage of the drug.   He was referred to an Inpatient Program at ADRC/Mt.   Sinai Hospital.   Initially he was resistant to treatment and wanted to know if DCF would return his son if he cooperated.   He stated that he would go if he was pressured to do so.

A police report dated 10/07/09 revealed that Quinton N. was the driver of a vehicle that was involved in an accident.   Antwanesha E. was a passenger in the vehicle, despite a full Restraining Order placed on Quinton N. regarding his contact with her.   He reported to DCF that his car had been stolen and he no longer had access to transportation.

On 10/08/09, Quinton N. was admitted into Mt. Sinai Rehabilitation Hospital for a twenty-eight-day treatment program.   On 10/21/09, the hospital reported that he had “signed himself out of treatment.”

On 12/14/09, Quinton N. was assigned back to the Intensive Outpatient Program (IOP).   He was discharged from ADRC/IOP as he did not attend or respond to a notice by 1/08/10.

On 1/28/10, Quinton N. was arrested on the following charges:  Violation of Protective Order, Harassment 1st Degree, Threatening 1st Degree and Breach of Peace 2nd Degree.

Quinton N. was incarcerated on two occasions at Hartford Correctional Center from 6/05/09 through 6/07/09 and again on 2/18/10.   On both occasions, these incarcerations were the result of arrests stemming from incidents of domestic violence against Antwanesha E.

On 1/14/10, Antwanesha E. called DCF reporting domestic violence with Quinton N. He had her apartment keys and she could not return home.

On 2/02/10, Antwanesha E. reported that she spent from 1/28/10 until 2/01/10 at a shelter in Hartford for victims of domestic violence.   She claimed to be very upset and frightened by Quinton E.'s repeated phone threats.   The police finally responded to her calls, and were able to negotiate the shelter placement.

Father has failed to demonstrate an ability or willingness to acknowledge his violent behaviors and the impact that domestic violence exposure has had on Quinton N., Jr.

On 3/04/10, Quinton N. participated in a Court Ordered Psychological Evaluation by Bruce Freedman, Ph.D. Dr. Freeman reported that Quinton N. displayed a glaring level of denial regarding his criminal charges and failed to acknowledge responsibility for his actions.   He blamed the arrests on Antwanesha E., stating that the allegations were untrue and were a result of her mental health issues and failure to take her medication regularly.   Dr. Freedman further concluded that Quinton N.'s behavioral problems are not the result of an unresolved psychiatric issue, but rather that of a chronic personality disorder.

Father was referred to Children First & Partners to assist with supervised visitations between him and Quinton N., Jr. and to offer hands-on parenting techniques and guidance.

On 5/21/09, DCF made arrangements to provide Father with supervised visitations with Quinton N., Jr. through Children First & Partners, but he failed to make himself available for visitation on thirteen occasions.

Quinton N. has failed to secure legal employment and despite some effort, he has only managed to obtain temporary or seasonal employment.   He was last employed at JC Penney for approximately eight weeks.   He reported he had been making progress seeking employment leads and visits CT Works regularly to look for jobs and update his resume, however, he is still without employment and is presently incarcerated.

Despite numerous services offered to Father by the Department, he has not made the necessary changes to his circumstances or developed insight with regard to the negative impact of domestic violence and substance abuse on Quinton N., Jr. to permit him to be safely returned to his care in a timely manner.

Quinton N., Jr. has been in the care and custody of DCF for approximately two years.   He is in need of permanency in a safe, stable and nurturing home.

Quinton N. has thus far failed to rehabilitate from his issues and has not demonstrated that it is likely that he could assume a responsible position in the life of Quinton N., Jr., and to allow him further time to attempt rehabilitation and assume a responsible position in the life of his child is not in the best interest of the child.

Summary of Adjudicatory Findings

This court has found that the Commissioner has proved the following adjudicatory grounds by clear and convincing evidence:  Mother, Antwanesha E., and Father, Quinton N., have failed to rehabilitate after a prior court finding of their having neglected Quinton N., Jr.

III

DISPOSITION

Except in the case where termination is based on consent, if grounds have been found to terminate parental rights applying the appropriate standard of proof, the court must then consider whether the facts as 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 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 DCF for the termination of parental rights have been proven.

Before making a decision whether or not to terminate Antwanesha E.'s and Quinton N.'s parental rights, as they did not consent, the court will 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.”

This court finds by clear and convincing evidence that DCF has made reasonable efforts to reunify Quinton N., Jr. with his parents.   Services were ordered in a timely manner and were appropriate for the circumstances at hand.

Considered carefully, the clear and convincing evidence shows that DCF offered timely, appropriate and comprehensive services to the respondent parents to facilitate their reunification with their child and made reasonable efforts to reunite them with their child.  In re Victoria B., 79 Conn.App. 245, 258–60, 829 A.2d 855 (2003).

Based on this clear and convincing evidence of the circumstances now present in this case, the court finds that Antwanesha E. and Quinton N. are unable and/or unwilling to benefit from reasonable reunification efforts.  CGS § 17a–112(j)(1).   Their serious issues clearly and convincingly make them unable and/or unwilling to benefit from reasonable reunification efforts.  In re Tyqwane V., 85 Conn.App. 528, 535–36, 857 A.2d 963 (2004).

Antwanesha E. and Quinton N. have been provided with many services to rehabilitate and return Quinton N., Jr. to their care and the referrals were made in a timely manner to facilitate a successful reunification.   They were referred to services multiple times to encourage cooperation.

2. “Whether DCF has made reasonable efforts to reunite the family pursuant to the Federal Child Welfare Act of 1980, as amended.”

This court finds that the clear and convincing evidence in this matter proves that the children's parents are presently unable and/or unwilling to benefit from such reunification services as contemplated by the federal Adoption Assistance and Child Welfare Act of 1980, as amended.

DCF has previously offered multiple services to Mother and Father.   DCF has made reasonable efforts to maintain contact with both parents.

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.”

The clear and convincing evidence indicates that Mother and Father have failed to fully comply with most of the steps ordered by the court.

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.”

The child has been able to exhibit only limited bonding with his parents, due to his parents' substance abuse, reluctance to accept their roles as parents and the lack of consistent and meaningful visitation.   The child has developed a strong bond with his foster parents with whom he has lived since his removal by DCF on 4/29/09.   The foster parents have expressed a desire to adopt him.

5. “The age of the children.”

Quinton N., Jr. is twenty-seven 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.”

The court finds by clear and convincing evidence that the parents have not made realistic and sustained efforts to conform their conduct to minimally acceptable parental standards.

The clear and convincing evidence indicates that the parents have continued to abuse substances up to the present time and have refused to cooperate with DCF or programs presented.

The court finds, by clear and convincing evidence, that the parents have not made the changes necessary in their lifestyles that would indicate that they would be safe, responsible and nurturing parents for their child.   To permit the child to return to the parents' care would compromise the safety of the child.

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.”

This court finds by clear and convincing evidence that no unreasonable conduct by DCF, foster parents, Department of Correction or third parties prevented Antwanesha E. or Quinton N. from maintaining a relationship with their child, nor did their economic circumstances prevent such relationship, although the limitations and restrictions inherent in the foster care system remained in effect.

B. Best Interest of the Child—C.G.S. § 17a–112(j)(2)

The court is next called upon to determine whether termination of Antwanesha E.'s and Quinton N.'s parental rights to Quinton N., Jr. would be in his best interest.²  Applying the appropriate legal standards ³ to the clear and convincing facts of this case, the court finds this issue in favor of the State of Connecticut and DCF.

In determining whether termination of Antwanesha E.'s and Quinton N.'s parental rights would be in the child's best interests, the court has examined multiple relevant factors, including the child's interests in sustained growth, development, wellbeing, stability and continuity of his environment;  his length of stay in foster care;  the nature of his relationship with his biological parents;  and the degree of contact maintained with her biological parents.⁴  In re Alexander C., 60 Conn.App. 555, 559, 760 A.2d 532 (2000);  In re Shyina B., 58 Conn.App. 159, 167, 752 A.2d 1139 (2000);  In re Savanna M., 55 Conn.App. 807, 816, 740 A.2d 484 (1999).   In a matter such as this, the court is further called upon to balance the child's intrinsic needs for stability and permanency against the benefits of maintaining a connection with his parents.   See Pamela B. v. Ment, 244 Conn. 296, 314, 709 A.2d 1089 (1998) (the child's physical and emotional well-being must be weighed against the interest in preserving family integrity).

Under such scrutiny, the clear and convincing evidence in this matter establishes that it is not in the child's best interest to continue to maintain any legal relationship with his parents.

The clear and convincing evidence also shows that the child's parents have failed to gain insight into becoming safe, nurturing and responsible parents for the child.   The clear and convincing evidence shows that their judgment and conduct remains questionable, and has not improved since the child was taken into DCF care.

The parents' performance clearly and convincingly shows that they lack the attributes and characteristics necessary to fulfill valid parental roles.   Their recalcitrance concerning referrals clearly and convincingly shows that, without commitment to consistent substance abuse treatment, as well as individual and parenting counseling, it is likely that they have extinguished what little chance they ever had to be able to serve as safe, nurturing and responsible parents for any child.

An additional factor to consider in this case is time.   The clear and convincing evidence demonstrates the child's pressing need for permanence and stability.   Unfortunately, much time would be required for Mother and Father to show that they have forsaken substance abuse, addressed their issues, undertaken the necessary counseling and succeeded in it, established themselves in the community and shown that they were capable of being safe, nurturing and responsible parents to their child.

Quinton N., Jr. cannot delay his need for permanence and stability in exchange for his parents' uncertain future.

Based upon the parents' behavior and performance so far, this court cannot foresee them ever having the ability or the opportunity to be able to follow the regimen necessary for this child to maximize his abilities and achievements.

The clear and convincing evidence shows that the time needed for the parents to attempt to rehabilitate and establish themselves in the community as safe, nurturing and responsible parents, if that were possible, is time that their child cannot afford.

The parents' performance clearly and convincingly shows that they lack the attributes and characteristics necessary to fulfill valid parental roles.   Their conduct clearly and convincingly shows that it is unlikely that they will ever be able to conform their behavior to appropriate norms or be able to serve as safe, nurturing and responsible parents for this child.

Our courts have recognized that “long-term stability is critical to a child's future health and development ․” In re Eden F., 250 Conn. 674, 709, 741 A.2d 873 (1999).   Furthermore, “[b]ecause of the psychological effects of prolonged termination proceedings on young children, time is of the essence” when resolving issues related to the permanent or temporary care of neglected children.  In re Alexander V., 25 Conn.App. 741, 748, 596 A.2d 934 (1991), aff'd, 223 Conn. 557, 613 A.2d 780 (1992);  see also In re Juvenile Appeal (84–CD), 189 Conn. 276, 292, 455 A.2d 1313 (1983).   The court is obliged to agree with DCF and concludes that the clear and convincing evidence in this case establishes that the child is entitled to the benefit of ending, without further delay, the period of uncertainty as to the availability of his biological parents as caretakers.

Having balanced the child's individual and intrinsic needs for stability and permanency against the benefits of maintaining a connection with his parents, the clear and convincing evidence in this case establishes that the child's best interests cannot be served by continuing to maintain any legal relationship to his parents.  Pamela B. v. Ment, supra, 244 Conn. 313–14.

Accordingly, with respect to the best interests of the child as contemplated by CGS § 17a–112(j)(2), by clear and convincing evidence, and based upon all of the foregoing, including the testimony and evidence presented, the court finds that termination of the parental rights of Antwanesha E. and Quinton N. as to Quinton N., Jr. is in the best interests of the child in question.

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 Quinton N., Jr.'s best interest to terminate the parental rights of Antwanesha E., the biological Mother of the child and Quinton N., the biological Father of the child.   Accordingly, it is ordered that their parental rights to Quinton N., Jr. are hereby terminated.

It is further ordered that the Commissioner of the Department of Children and Families be appointed the statutory parent for this child for the purpose of securing an adoptive family and a permanent placement for this child.

The statutory parent is ordered to file the appropriate written reports with the court, as required by state and federal law and which show the efforts to effect the permanent placement of this child.

BY THE COURT,

WOLLENBERG, J.

FOOTNOTES

FN2. The final element of the termination of parental rights statute, CGS § 17a–112(j), requires that before granting a duly noticed petition for such termination, the court must find, “by clear and convincing evidence ․ (2) that termination is in the best interest of the child ․”.  FN2. The final element of the termination of parental rights statute, CGS § 17a–112(j), requires that before granting a duly noticed petition for such termination, the court must find, “by clear and convincing evidence ․ (2) that termination is in the best interest of the child ․”

FN3. “Termination of parental rights means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents ․ Termination of parental rights is a most serious and sensitive judicial action.  In re Barbara J., 215 Conn. 31, 44, 574 A.2d 203 (1990).”  (Citation omitted, internal quotation marks omitted.)  In re Steven N., 57 Conn.App. 629, 632, 749 A.2d 678 (2000).  “[T]he question ․ to be decided in a dispositional phase is whether it is in the best interests of the child to sever the parent-child relationship.   That is different from the question of who should have custody of the child if termination of parental rights is determined to be in the best interests of the child.   See Practice Book § 33–5.”  (Internal quotation marks omitted.)  In re Carissa K., 55 Conn.App. 768, 776, 740 A.2d 896 (1999).  “In making this determination, the trial court can consider all events occurring prior to the date of the dispositional hearing, including those occurring after the filing of the termination petition.”  (Internal quotation marks omitted.)  In re Kasheema L., 56 Conn.App. 484, 488, 744 A.2d 441, cert. denied, 252 Conn. 945, 747 A.2d 522 (2000)..  FN3. “Termination of parental rights means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents ․ Termination of parental rights is a most serious and sensitive judicial action.  In re Barbara J., 215 Conn. 31, 44, 574 A.2d 203 (1990).”  (Citation omitted, internal quotation marks omitted.)  In re Steven N., 57 Conn.App. 629, 632, 749 A.2d 678 (2000).  “[T]he question ․ to be decided in a dispositional phase is whether it is in the best interests of the child to sever the parent-child relationship.   That is different from the question of who should have custody of the child if termination of parental rights is determined to be in the best interests of the child.   See Practice Book § 33–5.”  (Internal quotation marks omitted.)  In re Carissa K., 55 Conn.App. 768, 776, 740 A.2d 896 (1999).  “In making this determination, the trial court can consider all events occurring prior to the date of the dispositional hearing, including those occurring after the filing of the termination petition.”  (Internal quotation marks omitted.)  In re Kasheema L., 56 Conn.App. 484, 488, 744 A.2d 441, cert. denied, 252 Conn. 945, 747 A.2d 522 (2000).

FN4. “[T]he genetic bond shared by a biological parent and his or her child, although not determinative of the issue of the best interest of the child, is certainly a factor to consider.”  (Internal quotation marks omitted.)  In re Savanna M., 55 Conn.App. 807, 816, 740 A.2d 484 (1999)..  FN4. “[T]he genetic bond shared by a biological parent and his or her child, although not determinative of the issue of the best interest of the child, is certainly a factor to consider.”  (Internal quotation marks omitted.)  In re Savanna M., 55 Conn.App. 807, 816, 740 A.2d 484 (1999).

Wollenberg, William L., J.T.R.