IN RE: Xavier C.1 (2012)

MEMORANDUM OF DECISION

On August 23, 2011, Joette Katz, the commissioner of the Department of Children and Families, (“DCF”), filed a petition to terminate the parental rights of Emily C. and John C. to their child, Xavier (d.o.b.10/30/09).   The parents have appeared and are represented by counsel.   The child is represented by counsel.   Neither parent claims Indian Tribal affiliation.   The court is aware of no other proceedings pending in any other court regarding the custody of this child.   This court has jurisdiction.

At the commencement of a contested hearing on the termination of their parental rights, the parents presented to the court properly executed forms consenting to the termination of their parental rights.   Having canvassed the parents, this court finds that they have been represented by competent counsel who was present with them when they executed the consent forms.   The court further finds that the consents have been knowingly and voluntarily entered with a full understanding of the legal consequences of their action.   The consents of both parents are accepted.

The Department of Child and Families (DCF) through counsel has moved to amend the petition to withdraw the non-consensual grounds and to change the grounds to consent § 17a–112(i).   Without objection, the motion was granted.   Thereafter the court reviewed the social studies for termination of parental rights (Exhibits I and E) and read the petition.

Xavier has been recently placed with the maternal aunt, the sister of Emily.   The child has adjusted well to the transition and is now doing very well in daycare three days per week.

The rest of the week he is in the care of his aunt.   The biological parents have been offered visitation but have not pursued it.   They are both, according to counsel contented that the child is with the maternal aunt who plans to adopt the child.

Since the child is bonded in his current placement and has received exceptional care in this placement the court finds upon this clear and convincing evidence that adoption by this family would be in the child's best interest.²

PERMANENCY PLAN

The permanency plan previously filed which calls for termination of parental rights and adoption is approved.   The objections to the permanency plan are over-ruled.   The court finds that DCF has used reasonable efforts to effectuate the permanency plans.

ORDERS

It is accordingly ordered that the parental rights of the biological parents are terminated based upon their consent.   The Commissioner of the Department of Children and Families is appointed the statutory parent.   A case plan shall be submitted within thirty days and such other reports as are required by law shall be filed in a timely fashion.   DCF is directed to effectuate the adoption with all deliberate speed.

The Clerk of the Probate Court with jurisdiction over any subsequent adoption of the child shall notify in writing the Deputy Chief Clerk of the Superior Court for Juvenile Matters at Rockville, 25 School Street, Rockville, CT 06066 of the date when said adoption is finalized.

Judgment may enter accordingly,

Foley, Judge Trial Referee

FOOTNOTES

FN2. Mandatory findings required by § 17a–112(k) are specifically exempted in the case of termination of parental rights based upon the consent of the parents..  FN2. Mandatory findings required by § 17a–112(k) are specifically exempted in the case of termination of parental rights based upon the consent of the parents.

Foley, Francis J., S.J.