IN RE: Kyara J. (2011)

MEMORANDUM OF DECISION

Kyara was born on November 10, 2000.   Twenty-two months later she was involved in a disabling motor vehicle accident in a car driven by Mother.   Mother's history with the Department of Children and Families (hereinafter DCF) began in 2001 when DCF substantiated that Mother physically neglected her sister by notifying the Waterbury Probate Court that she could no longer care for her as her Guardian.

Kyara's accident was disabling;  she survived as a quadriplegic and remains in that condition in her tenth year.   Her care requires medication through a G-tube, Kindercal with fiber feeds utilizing a kangaroo pump, respiratory care requiring a home ventilator, Theravest, frequent suctioning, nebulizer treatments and constant assessment.

On June 5, 2007, Mother had an apparent breakdown that brought a police response.   The police arrived on the scene to find Mother in the midst of her breakdown.   Kyara had been removed from the home by a neighbor who was familiar with Mother's periodic explosive outbursts.   Mother was transported to Waterbury Hospital for a psychiatric evaluation, and treatment of her diabetes condition.   Neighbors reported that Mother had been deteriorating recently, faced eviction, broke up with her boy friend (who supported her and her child), had been sleeping more than usual and had been hospitalized for diabetes treatment the previous week.   Appropriately, Kyara was removed from Mother's care by DCF. (See Social Worker affidavit dated 6/8/07.)   Mother, with advice of Counsel, agreed that the requested Order of Temporary Custody should be sustained.   On March 25, 2008, the Court (Madin, J.) found that Kyara had been neglected.

Ten months later DCF filed a permanency plan calling for reunification with Mother which was approved by the Court (Kahn, J.) on May 7, 2008.   Kyara was reunited with her Mother on August 16, 2010, and, supported by medical professionals, Kyara was able to go to school which provided her special education services and an updated IEP. Placed in the fourth grade, she appeared to be significantly delayed in short-term memory and memory retrieval;  and she appeared to have average to above average verbal ability.   An emergency program of parent/pupil meetings addressed issues of transportation, reliable medical care, and medical training.   Mother was called in to treat her child when available resources were not trained in the needs created by her condition.   After these anticipated support services were in place, Kyara thrived in the school environment.

Mother faithfully attended counseling with a licensed Marriage and Family therapist weekly.   Her progress was reported to be consistent, but slow.   After Kyara had been home for a month DCF reported that “[ ․ Mother had] successfully addressed a myriad of issues that have risen regarding her care.   Many of these issues are systemic in nature, without simple, quick resolution.  [Mother ․ ] has persevered, and has relentlessly advocated for her daughter.   Kyara is thriving in her care, and is happy to have returned home.   She is cherished and adored and the Department has no concerns at this time regarding Kyara's care.”  (Exhibit A at pg. 3, par. 5.)

DCF offered an amended Status Report dated January 28, 2011, that reported that Mother had successfully completed Parenting Education Classes;  was currently employed at Bucks Hill Nursing and Rehabilitation Center;  worked eight hours a day, three days a week;  and enjoyed the responsibility for Kyara, her infant son, and her relationship with his Father.   However, the family suffered with a pre-Christmas bed bug infestation that forced her to try to relocate in the middle of a winter that was unusually cold.   DCF identified its goal “․ over the next six months ․ to continue to advocate for this family, provide financial assistance for this family in their move, and stabilize Kyara's nursing.”   In order to achieve its goals, DCF requested that the existing Order of Protective Supervision be extended for another six months.

On February 4, 2011, a social worker associated with the Franklin Medical Group reported to DCF that issues concerning Kyara's care and Mother's housing crisis were compromising Mother's ability to manage her responsibilities to the extent that, “All these factors came together to disrupt her sleep/wake cycle, the chemical balance of her body and her self-care schedule to contribute to a disruption in the mental health status.”  (Exhibit D.)

On the same date, the DCF Social Worker assigned to Kyara's supervision prepared an affidavit that concluded that “this Department believes that immediate removal from such surroundings is necessary to ensure the child's safety, and further that the conditions or circumstances surrounding the care of said child requires that custody be immediately assumed to safeguard the welfare of said child.”  (Exhibit C.) On February 16, 2011, the Court (Eschuck, J.) granted DCF's Motion to consolidate its Order of Temporary Custody dated 2/7/11 by agreement and modified its Order of Protective Supervision to Commitment.   On February 17, 2011, DCF sought “authority to obtain medical treatment” for Kyara, which authority the Court granted (Eschuck, J.), and ordered DCF to consult with Mother “whenever (and as soon as) practicable” and to notify attorneys for child and mother of any decisions made pursuant to this order within 48 hours.

EXHIBITS

DCF offered two exhibits at the initial hearing (July 21, 2011) and four exhibits at the final hearing:  (1) The Status Report dated 12/7/2010;  and (2) the amended status report dated 1/28/11.   Both reports covered the issues above.   At the September hearing DCF offered exhibits S and T, both letters from Nina R. (a DCF Social Worker) to Mother responding to her requests and identifying steps that Mother had not yet satisfied to be reunited with Kyara.   All of the steps which suggested that Mother had not reached her required goals had little to do with whether Mother was able to maintain Child in her care with support similar to that which she had from August 2010 to mid January 2011.(3)  DCF's Exhibit W is the case incident report # 201100051124 which discussed events that occurred on September 19, 2011, about which, the parties had substantial disagreement at trial two days later.   Mother was arrested for shattering four bedroom windows and cracking a neighbor's windshield resulting in damage to the house and the victim's car.   The cost of the damage was estimated to exceed $250.00.  (4) DCF's final exhibit is a packet of progress reports on Kyara's care and condition dating from February 7, 2011 to July 6, 2011.

Mother offered two letters from the Pulmonary Division of the Connecticut Children's Specialty Group as exhibits.   The letters cautiously suggested that Kyara is strong enough to return home.   But DCF continues to resist reunification of Mother and Child with appropriate supportive care.

DISCUSSION

The Court acknowledges and appreciates the extraordinary efforts that DCF has made to keep the family together.   The Department has a clear understanding of the strength of the bond between Mother and Child and has gone beyond its ordinary efforts to achieve permanent reunification of the family.

The Court also acknowledges that Mother is a very difficult individual with whom to deal;  she has disabilities which, under periods of stress, come rapidly and aggressively to the surface.   However, the evidence, including Mother's testimony, informs the Court that her commitment to Kyara's best interest is her dominant life goal.   The evidence also shows that Kyara has a strong bond with her Mother and worries about times when they are separated and when Mother is out of control (emotional outbursts and anger).   Mother wants to control of Kyara's care and believes that she has the training and skill to know when extra help or hospitalization is necessary.  (She is a certified medical aide.)   For the period from late August 2010 to late January 2011, Mother and her outside support were able to sustain Kyara's well being and meet her needs.

The Court must also acknowledge that the evidence is clear that when Mother's plans are stifled she becomes angry and acts out of control.   That anger is directed at requirements that DCF places on her.   No doubt that is the reason that, if she is reunited with Kyara, she intends to move to Georgia.

The Court's obligation is to rule in the best interest of Child.   The record shows that Kyara is strongly bonded to her Mother;  however, at times of stress Mother has been known to react in inappropriate ways.   Mother has established that in ordinary circumstances she has the skills to care for her Child, and the court finds no evidence that suggests that Kyara is at risk in her care.   The Court also finds that Mother is not able to provide necessary care without support from DCF and other providers.   The pattern of care and DCF support services that were provided in the period from August 2010 to January 2011 should be replicated.   Any potential risk to Child can be controlled by an Order of Protective Supervision and DCF's continuing services to Kyara.   Sadly, the appropriate home care program was interrupted by a bedbug infestation and Mother lacked the essential resources to deal with those issues.   As a result Kyara lives in a foster home that serves similarly disabled children.

Mother reported at trial that she intended to relocate her family to Georgia as soon as this litigation is concluded.   The Court reaffirms Commitment of Child under an Order of Protective Supervision for two reasons:  first to assure that all necessary support for Kyara's care by Mother and necessary support services are in place and second to assure that services equal to those provided in Connecticut are arranged and in place in Georgia before Kyara would be transferred there in her Mother's care.

The Court acknowledges that Mother has an extensive record of acting out in anger, continuing through the two days before the final hearing date in this matter.   She has not completed specific steps previously ordered by the Court.   The final episode resulted in thirty-two hours of incarceration based on a destructive rampage directed at the property of a friend.   She was arrested, transferred to St. Mary's Hospital psychiatric unit and promptly released and returned to jail.   Mother reports that she spent thirty-two hours shackled in jail before she was arraigned and posted bond.   Lengthy testimony of the arresting officer persuaded the Court that Mother was out of control during the short period that he was present to observe her and that she was transferred to St. Mary's Hospital.   All parties agreed that she was returned to jail after a brief evaluation.   Mother's testimony about the treatment she received while in jail included allegations of abuse, denial of access to toilet facilities and interference with ordinary sleep patterns.

Mother is an articulate, angry woman who believes that she was violently abused by the Waterbury police department.   DCF is rightly concerned that Mother can be an angry, explosive and aggressive person, and that events have in the past and are likely to occur in the future, when Mother will be unavailable to be responsible for Kyara's care.

Mother was able to appear at the Court on the day of her release on bond and testified in stark and convincing detail about the treatment that she is alleged to have received when she was held over three days in the custody of the Waterbury Police Department without arraignment.

ORDERS

1. The Court ORDERS that Kyara remain Committed to DCF until Mother obtains suitable housing and DCF arranges appropriate and necessary care for Kyara in Mother's home;

2. The Court ORDERS DCF to prepare new specific steps for Mother;

3. The Court ORDERS Mother to comply with the new Specific Steps approved by the Court and remain under an Order of Protective Supervision until further order of the Court;

4. The Court ORDERS Mother to cooperate with DCF, its staff, and any necessary professional resources provided by DCF to assist in Kyara's care;

5. AND the Court ORDERS that Mother and Child remain in Connecticut until all Child Protection and Interstate Compact procedures for transfer of a committed Child to another State have been satisfied.

Respectfully Submitted

Hon. Thayer Baldwin, Jr.

Baldwin, Thayer, J.