IN RE: Janlesier C.1 (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 Janlesier C. and Jayden C. (hereinafter referred to as “Janlesier C.” and “Jayden C.” or “children”).   The biological mother of these children is Vanessa V. (hereinafter referred to as “Vanessa V.” or “Mother”) and the biological Father is Abiecer C. (hereinafter referred to as “Abiecer C.” or “Father”).

On 10/23/09, a 96–hour hold was invoked on behalf of Janlesier C. and Jayden C. On 10/27/09, an order of temporary custody and petition of neglect/uncared for was filed by the Department of Children and Families, State of Connecticut in the Superior Court for Juvenile Matters on behalf of the above-named children.   On 10/27/09, the order of temporary custody was granted and sustained on 11/6/09.   On 1/28/10, the children were adjudicated neglected and committed to the Department of Children and Families on 1/31/10;  said commitment was sustained on 7/22/10.

On 8/9/11, a trial date was set for 9/15/11 and on that date Mother and Father failed to appear and the trial commenced.   Counsel for DCF submitted eight exhibits, Exhibits A–H. No witnesses testified and both Mother and Father were defaulted.   Attorneys for both Mother and Father were present and the attorney for Father represented that Father did not want to be present or involved in any way.

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

The ground of the Petition for TPR as to the biological mother, Vanessa V., is Failure to Rehabilitate and for biological Father, Abiecer C., Abandonment.

The court has applied the burden of proof applicable to the Termination of Parental Rights and Neglect Petitions, has reviewed the Neglect and other petitions, and the social studies and the 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/Present Situation/Reasons for Petition

Mother, Vanessa V. has unresolved substance abuse issues.   On 10/20/09, she was arrested and incarcerated at York Correctional Institution for charges of Larceny 3rd and 6th.   Father, Abiecer C. has unresolved substance abuse issues.   He was arrested on 10/20/09 and was incarcerated at Hartford Correctional Center for charges of Criminal Mischief 2nd and Burglary 3rd.   At that time, he had pending charges that included Assault 3rd and Risk of Injury.   Janlesier C. and Jayden C. were left unsupervised, unable to protect themselves and without a competent and sober caretaker.

B. Mother, Vanessa V.

Vanessa V. was born on 12/31/80 in Puerto Rico, one of three children born to Neyda V. (DOB 11/4/58) and an unidentified father.   She has a brother, Jonathan V. who abuses illegal substances and resides with her in a three-bedroom subsidized apartment in Hartford, CT;  and a sister, Nellie V., who resides in East Hampton, CT. Vanessa V. claims that she has a good relationship with her mother, siblings and her children.   Her childhood was normal and she was not exposed to domestic violence, child abuse, sexual abuse or neglect.   She has no problems with her health.

Vanessa V. has lived in the United States for eight years.   She attended school in Puerto Rico but dropped out in the 11th grade.   She has held some menial jobs but is currently unemployed and receives food stamps and medical benefits from the State of Connecticut.

Vanessa V. has never been married, but has been in a relationship with Abiecer C. for eleven years.   He is the father of her two sons, Janlesier C. and Jayden C.

Mother has a history with the Department dating back to 2007 when she had two unsubstantiated reports of physical and emotional neglect.   In 2008 she had two unsubstantiated reports of physical, emotional and educational neglect and on 7/17/09, DCF received an unsubstantiated report alleging physical neglect of Mother's three children.   On 8/5/09, DCF made a referral for Mother to complete a substance abuse evaluation and screen but she did not attend the appointment scheduled on 8/27/09.   The Department made visits to Mother's home and the home of maternal grandmother without success.

Vanessa V. has a criminal history dating back to 2008.   She was arrested on 7/1/08 for Larceny and on 12/10/08 for Failure to Appear.   On 10/20/09, she was arrested and incarcerated at York Correctional Institute (YCI) for Larceny 3rd and 6th;  on 4/16/10, she was arrested for 6th Degree Larceny and on 4/18/10, for 3rd Degree Criminal Trespassing.   On 6/22/10, her probation officer reported that a judge signed a violation of probation warrant on 4/28/10 because Vanessa V. did not have an actual address due to her transient lifestyle.   She was non-compliant with reporting to probation and non-compliant with substance abuse treatment.   She did not follow through with referrals to ADRC or the Institute for Hispanic Families.   On 6/9/10, the criminal court system conducted a screening for a substance abuse program and on 7/12/10, Vanessa V. was released to Crossroads, an inpatient substance abuse program in New Haven.

C. Father, Abiecer C.

Abiecer C., Father of Janlesier C. and Jayden C., was born on 4/14/77 in Caguas, Puerto Rico to Emilia G. and Pedro C. He has an older sister, Ivelisse C. He identifies himself as Puerto Rican and is fluent in English and Spanish.   He claims to have had a good childhood with no physical discipline by his parents.

Abiecer C. relocated to Middletown, New York in 1987.   In 1993 he relocated to Puerto Rico and was re-enrolled in school in the 8th grade, but he dropped out and starting working at the Malta India recycling plant.   He returned to Middletown, New York in 1993.

In 1993 Abiecer C. was arrested for robbery and was released a week later.   In 1994 he was arrested for robbery and was released after three years.   He relocated to Puerto Rico and was arrested on a drug charge and spent eighteen months in jail.   He was then extradited to New York on a violation of parole and was incarcerated for eighteen months.   In 2003 he was arrested for the sale of narcotics and was incarcerated for eighteen months.   He relocated to Connecticut in 2007.   On 6/27/08 he was arrested and charged with Larceny 3 and on 8/1/08 with Burglary 3. On 10/14/08, Abiecer C. was extradited and incarcerated for about seven months in New York for Violation of Probation.   Upon his release he relocated to Connecticut.

Abiecer C. started smoking marijuana at the age of 16 and by age 20 he started to use cocaine weekly.   Three years ago he started to use heroin on a daily basis and he claims he becomes ill if he doesn't use.

Father has a son, Abi C. (DOB 3/11/99).   He was involved with Abi's mother for about ten years and ended that relationship when he met Vanessa V. in 1998.   He was involved with her for three months prior to his incarceration in Puerto Rico. He claims that they have a good relationship and denies any domestic violence or controlling behavior.

On 6/2/09, Father was charged and arrested for Risk of Injury and Assault 3 for beating Vanessa V.'s daughter very badly.

Abiecer C. has not visited his children since 2/9/10 at the Village Safe Home. A DCF social worker explained to Father that he was not allowed to see his children in the community unless the foster parents allowed him, and not his friends, to have a quick conversation with the children.

On 4/14/10, Abiecer C. was arrested and charged with 3rd Degree Criminal Trespassing.   He was placed on probation from 2/12/10 to 2/12/12, but was only compliant with his reporting office visits for a month.   On 8/13/10, Farrell Treatment Center reported that Abiecer C. had completed intensive inpatient on 7/30/10.   He was scheduled to start intensive outpatient program the week of 8/2/10 but never attended the program.   On 10/19/10, he was arrested in the State of New York for murder in the second degree and is currently incarcerated.

D. Child, Janlesier C.

Janlesier C. was born on 11/23/99 in Caguas, Puerto Rico, to Vanessa V. and Abiecer C. His Mother was eighteen years old and his Father was twenty-two years old at the time of his birth.   He has development normally but has been diagnosed with acute PTSD and is on Celexa and Risperdal.

Janlesier C. was removed from his parents' care and was placed at the Village for Children and Families Safe Home. According to the Safe Home, he is hypervigilent due to his exposure to physical violence in his family and in the community.   He disclosed that he was physically abused by his Father and was hit with a broom stick, belts, cable cords, or his Father's hand.   He also disclosed that there was not enough food in the house for everyone.

Janlesier C. is an intelligent child but he receives special education services due to his ADD/ADHD diagnosis.   He has a history of oppositional behaviors in school and at home including displaying aggressiveness, threatening teachers, suspensions from school, and using foul language toward authority figures.   His behavior at school fluctuates from being compliant to oppositional to obedient.

On 3/15/10, Janlesier C. and his two siblings were placed with his great maternal cousin and his wife.   HCAPS from the Village was working with the relatives regarding Janlesier C.'s behavior and how to manage him at home.

On 9/13/10, Janlesier C. and Jayden C. were removed from the relative home and placed at the Village Safe Home at the recommendation of DCF. HCAPS concluded their work with Janlesier C. and noted that the relative caretakers were not reporting Janlesier C.'s behaviors in the home.   He has adjusted to the structure at the Village Safe Home but continues to have oppositional outbursts on occasion.   He has individual therapy with the therapist at the Village Safe Home.

E. Child, Jayden C.

Jayden C. was born on 12/3/06 in Hartford, CT to Vanessa V. and Abiecer C. They were twenty-six years and twenty-nine years old respectively when Jayden C. was born.

Jayden C. was removed from his parents' care and placed at the Village for Children and Families Safe Home. He is an active and outgoing child who enjoys hands-on activities and does not appear to be fearful of strangers.   He is bonded to his siblings and looks to his sister for comfort when needed.   He has not asked for or cried for his parents.

On 3/12/10, Jayden C. was placed with his great maternal cousin and his wife along with his two oldest siblings.   He continued to attend the Travelers Daycare Center located at the Village for Families and Children.   For the 2010–11 school year he was transferred to the head start program located at the Asian Studies at Dwight School.   He has exhibited defiant behavior in both settings.   He does well when he is one-on-one but on his own he does not follow the classroom routine.   He would go off by himself and become physically aggressive with his peers;  knock over chairs from the table, kick furniture and punch walls.

On 9/13/10, Jayden C. and his brother Janlesier C. returned to the Village Safe Home after their relative caretakers requested their removal from the home during an investigation of alleged physical discipline on Jayden C. by great maternal cousin's wife.   Jayden C. was transitioned back to the Travelers Daycare Center on the Village grounds.

F. Sibling, Danilka F.

Danilka F. was born on 2/18/97 in Caguas, Puerto Rico to Vanessa V. and Louis F. She has challenging and high risk behaviors which have led to multiple psychiatric evaluations, inpatient psychiatric assessments, hospitalizations, and two separate detention placements.   She has had multiple placement disruptions due to her challenging behavior despite the supports and services put in place for her which included in-home clinical supports, therapeutic mentoring, psychiatric treatment, individual counseling, medication management, and specialized therapeutic foster care placements.

Danilka F. has had over five placements since she entered DCF's care.   She has significant mental health issues;  she has engaged in superficial cutting and has made comments of wanting to harm herself and others.   She is able to articulate her anger toward her mother for not doing what it takes to stabilize her life so that reunification could occur.   She receives additional specialized therapy from Sterling Center to provide her with extensive trauma-based therapy which is not offered at the Children's Home of Cromwell.

Danilka F.'s feelings about adoption have vacillated in the past, however, her current position is that she does not want to be adopted into a family setting.   DCF recommends that adoption no longer be explored or considered for Danilka F. considering her age, her strong desire and wish not to be adopted and her current therapist's clinical recommendation that adoption for Danilka F. is clinically not in her best interest.   The Termination of Parental Rights petition for Danilka F. has been withdrawn by DCF.

G. Relative Resources

Pedro C., paternal grandfather who resides in Middletown, New York;  Luz Nayda F., maternal aunt who resides in East Hampton, Connecticut;  and Pedro C., great maternal cousin are all being assessed by DCF as resources for the children.

H. Present Situation

See Factual Findings, paragraph H above, with regard to Danilka F.

Abiecer C., the father of Janlesier C. and Jayden C. has an extensive criminal history.   He remains incarcerated in Goshen, New York on a murder charge.   His ongoing voluntary criminal behavior has rendered him unavailable to care for his children.   He is listed on the sexual abuse registry dated 2/11/10 for fondling, coercing and/or forcing a minor female child to participate in sexual behaviors.   He is also listed on the sexual abuse registry dated 1/20/11 regarding sexual abuse disclosed by Janlesier C. This matter was reported to the police.   The status of the criminal investigation remains pending at this time.

Vanessa V.'s living arrangements continue to be very unstable as she does not have secure housing.   She has been transient and was temporarily residing with different friends in the Hartford area.   She was unable to provide DCF with her whereabouts or her living arrangements because they would change daily.

On 1/18/11, Vanessa V. pled guilty to Violation of Probation and was sentenced to 1 year of incarceration suspended, with 18 months probation and 100 hours of community service.   Her probation officer stated that she had conducted a random urine screen for Vanessa V. in March 2011 as she had admitted to using heroin when she was out at a party with friends.   Although she disclosed her relapse with heroin, her drug screen came back positive for cocaine.   On 5/18/11, Vanessa V. disclosed to the ADRC substance abuse specialist that she was actively using up to five bags of heroin daily.   She was advised by ADRC that she needed to go into detox immediately, but she did not follow through with the recommendation.   Her unstable housing, substance abuse and mental health issues are significant and prevent her from providing her children with a safe, stable and supportive environment.   Mother continues to show that she is not able to put her children's needs in front of her own needs.   When she has visited her children she is engaged and is appropriate in her communication with them.   During a more recent visit with Mother, Janlesier C. disrupted from the visit by running out of the building and down the street.   He justified this action by saying that his Mother was not attentive to him.

Janlesier C. has had several hospital assessments due to his troubling behavior.   He continues to present with emotional dysregulations.   He had engaged in outpatient counseling services via the Village for Families and Children and had also been assigned a therapeutic mentor with the goal of stabilizing his behavior.   Despite the ongoing efforts, he has continued to have behavioral issues.

Janlesier C. is classified as a special education student.   He struggles behaviorally in his academic setting and this has lead to multiple disciplinary actions.   His last suspension from school occurred during the week of May 16, 2011 when he made some inappropriate comments and contact with a female peer in which he expressed his desire to rape her.

Janlesier C.'s paternal grandfather had refused to enroll him in school insisting that he be returned to Connecticut immediately.   DCF was planning to pick him up from his paternal grandfather in New York on 9/16/11.   This is Janlesier C.'s second failed relative placement and second failed therapeutic foster home placement.

Jayden C. was discharged from the Village for Families and Children safe home in August 2011 after being in placement there since 9/13/10.   He has had some behavioral challenges within the safe home setting including outbursts of anger, poor self-control and hyperactivity.   According to the staff at the safe home, he was often observed as aggressive, evidenced by his hitting, kicking, spitting, and throwing objects at adults and his peers.   He has had several incidents when he has run out of his school program and the safe home and staff have had to follow him and redirect him home to ensure his personal safety.

Jayden C. is very connected to his brother, Janlesier C. When they were placed separately, his brother would often call him on the phone several times a week to pray together.   Jayden C. has consistently asked to be placed with his brother as he feels that he is the only person he has left.   DCF has assessed the appropriateness of Jayden C. being placed with his brother despite the clinical concerns presented by Jayden C.'s therapist from the Village.

DCF received an approved home study and assessment from the State of New York Interstate Compact—ICPC division on 7/27/11 regarding Pedro C., the paternal grandfather of Janlesier C. and Jayden C. who had been approved to be a relative placement resource for his grandchildren.   He had verbalized to DCF his interest and desire to be an adoptive resource for Jayden C. and Janlesier C. The court approved this out-of-state placement for the children in Monroe, N.Y. effective 8/12/11.

The state of New York agreed to provide in-home supervision and case management regarding Janlesier C. and Jayden C. DCF has been working with the State of New York to connect Janlesier C. and Jayden C. with the appropriate clinical supports and services to meet their individualized needs considering their ongoing behavioral challenges and identified issues.   However, Pedro C. requested Janlesier C.'s removal from his home within approximately two weeks of the placement.   Crisis intervention services were offered to Pedro C. to preserve this placement until Janlesier C. was able to connect with appropriate providers but Pedro C. and his significant other insisted that DCF remove the child from their home by 9/16/11.

DCF recommends adoption of Jayden C. by his paternal grandfather, Pedro C. and that Janlesier C. be placed in a higher level of care to address his ongoing mental health issues in a stable, supportive and safe environment.   The Department recommends adoption for Janlesier C. in a family setting that can meet his specialized 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, Vanessa V.'s and Father, Abiecer C.'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 Janlesier C. and Jayden C. with their parents, unless the court finds in this proceeding that the parent is 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 been involved with this family since 2007 because of neglect by Mother and Father due to their unaddressed criminal activities and arrests and substance abuse issues.

The presenting problems with this family were Mother's and Fathers substance abuse issues, cognitive limitations, inadequate housing, lack of support systems, criminal involvement and lack of appropriate parenting skills.

DCF has made reasonable efforts to achieve the Permanency Plan by providing services to promote an ongoing parent-child relationship, services to help parents to achieve stable mental health and a substance-free status, as well as services to address the children's needs.   Services offered include casework, substance abuse assessment and evaluation, placement, individual counseling, group counseling, medication management, parent-child visitation, parent education and family counseling.

Services provided to Mother included:  Inpatient substance abuse treatment;  securing of a transitional Sober House;  referral to Wheeler Clinic for an IOP;  evaluation referral to ARDC;  a parenting referral to the Hispanic Health Council;  and supervised visitation.

DCF and adult probation has had difficulty communicating with and engaging the parents in services due to their transient lifestyle, incarceration, unstable housing and non-working cell phones.

B. Grounds for the Termination:  Failure to Rehabilitate—General Statutes § 17a–112(j)(3)(B1)—as to biological Mother, Vanessa V.

The Commissioner has alleged as a ground for termination that Mother has failed to rehabilitate herself after her children have 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)(B1) 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. has been found by the Superior Court ․ to have been neglected ․ in a prior proceeding ․ 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 and such parent's parental rights of another 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 [she] has achieved, if any, falls short of that which would reasonably encourage a belief that at some future date [she] can assume a responsible position in [her] 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 parent has improved [her] ability to manage [her] own life, but rather whether [she] has 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 parent 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 Vanessa V. and Abiecer C. 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 Vanessa V. and Abiecer C. have not achieved CGS § 17a–112(j)(3)(B1) rehabilitation.   The court credits the DCF reports which show that Vanessa V. and Abiecer C. have been unable to achieve their rehabilitation.

Ground B1—Failure to Rehabilitate as to biological Mother, Vanessa V.

Although DCF has had an open case with this family since 10/8/10, this family has a history with the Department dating back to 2007 when Mother had two unsubstantiated reports of physical and emotional neglect.   In 2008, she had had two unsubstantiated reports of physical, emotional and educational neglect and in May 2009, DCF substantiated a report of physical abuse of Danilka F. by Abiecer C. On 10/24/09, Danilka F., Janlesier C. and Jayden C. were removed from the home due to Mother's and Father's unaddressed substance abuse issues.   Additionally, they were both incarcerated and there were no appropriate caretakers indentified.   The safety assessment deemed the children were unsafe.

On 1/28/10, Danilka F. (DOB 12/18/97), Janlesier C. (DOB 1/23/99), and Jayden C. (DOB 12/3/06) were adjudicated neglected in the Superior Court for Juvenile Matters at Hartford.   At the time of adjudication, the presenting problems were Mother's unaddressed substance abuse issues and homelessness.

Specific steps ordered by the court on 11/26/09 and on 11/28/10, to facilitate the return of Danilka F., Janlesier C. and Jayden C. to Vanessa V.'s care have not been complied with.

Vanessa V.'s ongoing criminal activity dating back to 2008 includes Failure to Appear 2nd and Larceny 4th;  10/20/09 for Larceny 3rd and 6, which caused her to lose her section 8 certificate;  4/16/10 for 6th Larceny;  and 4/18/10 for 3rd Criminal Trespassing.   Prior to Mother's arrest in April 2010, she was not in compliance with her probation expectations and the criminal judge issued a warrant on 4/28/10 for Violation of Probation.   On 7/12/10, the criminal court ordered her to Crossroads for inpatient treatment with an estimated discharge date of January 2011.

Mother will not be able to assume a responsible position in the lives of her children and safely parent them within a reasonable time period.   She is unemployed and does not have suitable housing arranged for her when she is discharged from her program and she is no longer eligible for Section 8 housing due to her recent eviction.   She has not taken the steps necessary to demonstrate a commitment to caring for her children as she continued to get arrested for a variety of crimes and did not enter a substance abuse treatment program until ordered to do so by the criminal court.

Janlesier C., age 11 and Jayden C., age 4 are in need of permanency.

Ground B1—Failure to Rehabilitate after Adjudication as to biological Father, Abiecer C.

Although DCF has been involved with this family since 10/8/10, the family has a history with the Department dating back to 2007 when Mother, Vanessa V. had two unsubstantiated reports of physical and emotional neglect.   In 2008, she had two unsubstantiated reports of physical, emotional and educational neglect.   In May 2009, DCF substantiated a report of physical abuse of Danilka F. by Abiecer C. On 10/24/09, Danilka F., Janlesier C. and Jayden C. were removed from the home due to Mother and Father's unaddressed substance abuse issues.   Additionally, they were both incarcerated and there were no appropriate caretakers indentified.   The SDM safety assessment deemed the children were unsafe.   In February 2010, Father had a case with DCF that resulted in the substantiation of sexual abuse/exploitation regarding one of Danilka F.'s friends.

On 1/28/10, Janlesier C., and Jayden C. were adjudicated neglected in Superior Court for Juvenile Matters at Hartford.   At the time of adjudication, the presenting problems were Father's unaddressed substance abuse issues and incarceration.

Specific steps ordered by the court on 11/26/09 and on 1/28/10, to facilitate the return of Janlesier C. and Jayden C. to Abiecer C.'s care have not been complied with.

Father will not be able to assume a responsible position in the lives of his children within a reasonable time period due to his criminal behavior and his inability to maintain sobriety.   He had two outstanding warrants for his arrest in the State of Connecticut.   At the present time, he is incarcerated at the Orange County correctional Facility in Goshen, New York awaiting trial for Murder in the 2nd degree.   Prior to his current incarceration, he was homeless in Connecticut.   Abiecer C. was unable to maintain compliance with his substance abuse treatment after completing the detoxification program at ADRC in June 2010 and a 3–day inpatient substance abuse treatment at the Farrell Treatment Center in July 2010 as he did not follow-up with the intensive outpatient program which he was scheduled to begin the week of 8/2/10.

Janlesier C. and Jayden C. are in need of permanency.

Summary of Adjudicatory Findings

This court has found that the Commissioner has proved the following adjudicatory grounds by clear and convincing evidence:  Mother, Vanessa V. and Father, Abiecer C. have failed to rehabilitate after a prior court finding that they had neglected and abandoned Janlesier C. and Jayden C.

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 children's best interest.   If the court does find that termination is in the children'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 Vanessa V.'s, and Abiecer C.'s parental rights, as they did not consent [but rather default pleas were ordered by the court for both Mother and Father], 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 DP1⌑This court finds by clear and convincing evidence that DCF has made reasonable efforts to reunify Janlesier C. and Jayden C. with their parents.  Those 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 children and made reasonable efforts to reunite them with their children.  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 the parents 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).

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 parents are presently unable and/or unwilling to benefit from such reunification services as was contemplated by the federal Adoption Assistance and Child Welfare Act of 1980, as amended.

DCF has previously offered services to the respondent Mother and Father.

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 Vanessa V. and Abiecer C. have failed to fully comply with most of the terms 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 children have been able to exhibit only limited bonding with their Mother and Father based on a condition that was due to their substance abuse and reluctance to accept their roles as a parents.

Since Father has been incarcerated much of the time these children have been unable to bond with him.

5. “The age of the children.”

Janlesier C. was born on 11/23/99 and is 11 years 11 months old.   Jayden C. was born on 12/3/06 and is 4 years 10 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 Mother and Father have continued to abuse substances and have refused to co-operate 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 Janlesier C. and Jayden C. To permit the children to return to the parents' care would compromise the safety of the children.

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 Corrections or third parties prevented the parents from maintaining a relationship with their children, 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 Children—C.G.S. § 17a–112(j)(2)

The court is next called upon to determine whether termination of Vanessa V. and Abiecer C.'s parental rights to Janlesier C. and Jayden C. would be in the children's best interests.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 Vanessa V.'s and Abiecer C.'s parental rights would be in the children's best interests, the court has examined multiple relevant factors, including the children's interests in sustained growth, development, well-being, stability and continuity of their environment;  their length of stay in foster care;  the nature of their relationships with their biological parents;  and the degree of contact maintained with their biological parents.¹  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 children's intrinsic needs for stability and permanency against the benefits of maintaining a connection with their parents.   See Pamela B. v. Ment, 244 Conn. 296, 314, 709 A.2d 1089 (1998) (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 Janlesier C.'s and Jayden C.'s best interests to continue to maintain any legal relationship with their parents.

The clear and convincing evidence also shows that Vanessa V. and Abiecer C. have failed to gain insight into becoming safe, nurturing and responsible parents for Janlesier C. and Jayden C. The clear and convincing evidence shows that their judgment and conduct still remain questionable, and has not improved since their children were taken into DCF care.

The parents' performance clearly and convincingly shows 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, and without a commitment to complying with the laws of the State of Connecticut, 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 children's pressing need for permanence and stability.   Unfortunately, much time would be required for the parents 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 for their children.

Janlesier C. and Jayden C. cannot delay their need for permanence and stability for their 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 these children to maximize their abilities and achievements.

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

Vanessa V.'s and Abiecer C.'s parental 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 Janlesier C. and Jayden C.

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 Janlesier C. and Jayden C. are entitled to the benefit of ending, without further delay, the period of uncertainty as to the availability of their parents as caretakers.

Having balanced the children's individual and intrinsic needs for stability and permanency against the benefits of maintaining a connection with their parents, the clear and convincing evidence in this case establishes that the children's best interests cannot be served by continuing to maintain any legal relationship to their 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 these parents as to Janlesier C. and Jayden C. is in the best interests of the children in question.

IV

CONCLUSION

Having considered all of the statutory considerations and having found by clear and convincing evidence that grounds exist for termination of parental rights, the court further finds upon all the facts and circumstances presented, that it is in Janlesier C. and Jayden C.'s best interests to terminate the parental rights of Vanessa V., the biological Mother of the children and Abiecer C., the biological Father of the children.   Accordingly, it is ordered that their parental rights to Janlesier C. and Jayden C. are hereby terminated.

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

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

BY THE COURT,

WOLLENBERG, J.

 1Thus entitled in accordance with General Statutes Sec. 46b–124, Sec. 46b–142, Sec. 45a–715(b) and Practice Book Sec. 32a–7.   The records and papers of this case shall he open for inspection only to persons having a proper interest therein and only upon order of the Superior Court.

 2The 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 ․” ²

FOOTNOTES

FN1. [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)..  FN1. [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).

FN2. 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)..  FN2. 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).

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