IN RE: Jalaya M. (2012)

MEMORANDUM OF DECISION

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

This matter is before the court for a consolidated Order of Temporary Custody and Neglect Trial and a Motion to Reopen and Modify Disposition.

For purposes of the matters before the court, a history of the file reveals that on November 8, 2010, a neglect petition was filed by the Department of Children and Families (DCF) on behalf of the minor child, Johnen V., based on his exposure to domestic violence and lack of stable housing.   Thereafter, while the petition on Johnen was pending, the respondent mother gave birth to Jalaya M. on March 20, 2011.   DCF did not file a neglect petition on Jalaya but proceeded with adjudication and an order of protective supervision on Johnen.   On May 26, 2011, the court adjudicated Johnen a neglected child and ordered protective supervision for a period of six months which has been extended and is set to expire on May 26, 2012.   Johnen was adjudicated neglected for being permitted to live under conditions, circumstances or associations injurious to his well-being.   Protective supervision for a period of six months was ordered on May 26, 2011.

Thereafter, a referral to DCF was made by the Hartford Police Department on January 14, 2012 alleging physical neglect of Jalaya by mother.   A 96–hour hold and an order of temporary custody was invoked by DCF on January 17, 2012 as to both children.   Specific steps were ordered by the court on January 20, 2012.   A neglect/uncared for petition was filed by DCF on January 2012 on behalf of both children.   DCF filed a Motion to Reopen and Modify disposition from protective supervision to commitment with regard to Johnen on January 25, 2012.   Respondent mother sustained the order of temporary custody by agreement as to Jalaya on January 27, 2012.   The respondent father of Jalaya, Patrick M., did not agree to sustain the order of temporary custody.   Thereafter, the matter was set down for trial with regard to the neglect petition, order of temporary commitment and the motion to reopen and modify.

At the commencement of the trial on April 25, 2012, the respondent mother and the respondent, Patrick M., father of Jalaya V., each filed pleas of nolo contendere as to the allegation that Jalaya was neglected in that she was permitted to live under conditions, circumstances or associations injurious to her well-being.   Disposition was contested by respondent mother and the respondent father Patrick M. With regard to Johnen V., the respondent father Chrissy S. filed a plea of nolo contendre as to the allegation that Johnen was neglected in that he was permitted to live under conditions, circumstances or associations injurious to his well-being.   The respondent mother also filed a plea of nolo contendre as to the allegation that Johnen was neglected in that he was permitted to live under conditions, circumstances or associations injurious to his well-being.   Disposition was contested by the respondent mother.   Said pleas were accepted by the court.   Thereafter, the issues of disposition and DCF's motion to reopen and modify disposition were heard by the court.

DCF was represented by an assistant attorney general.   The respondent parents were each present during the trial and each were represented by an attorney.   The minor children were represented by an attorney.   The maternal grandmother was also present having been granted intervenor status by the court on April 5, 2012.   The court finds that notice has been given in accordance with the General Statutes and the Connecticut Practice Book. The court finds that it has jurisdiction in this matter.   There are no other actions pending in any other court affecting the custody of the minor children known to this court.

The court has reviewed the verified petition, heard the testimony of the witnesses produced at the hearing and considered each full exhibit as well as the history of the file.   The credible and relevant evidence submitted during the trial reveal the following facts which were proven by a fair preponderance of the evidence.

The court heard testimony from Hartford Police Officer Christian Billings and Carla Lee, a treatment worker with DCF. Five exhibits were introduced into evidence as full exhibits by DCF. These included the Social Worker Affidavit dated January 20, 2012 (Exhibit A), Arrest Warrant dated March 30, 2012 (Exhibit B), Arrest Warrant dated November 22, 2011 (Exhibit C), Arrest Warrant dated October 26, 2011 (Exhibit D) and Social Study dated March 15, 2012 (Exhibit E).   Because the respondent parents did not testify, the representations in the social studies and affidavits were virtually uncontested and will be considered for dispositional purposes.   The court takes judicial notice of all memoranda of court hearings as well as the specific steps.

The respondent mother, who is presently 20 years of age, has a history of substance abuse as well as anger management and mental health issues.   She currently has pending criminal charges for assault, risk of injury to a minor and breach of peace.   She is not currently employed.   She has a history of attempted suicide in May 2011.   Both children were in the home at the time.   She was hospitalized for a short period of time and has short-lived treatment thereafter.   She continues to have unresolved mental health, anger management and substance abuse issues.   Mother and father Patrick M. have a history of a volatile relationship with repeated domestic violence against each other dating back to 2010.   Each has violated protective orders issued against each other.   Mother has exhibited violent behavior in front of the children.   Mother stabbed father in November 2011 at her apartment in the presence of the children.   Mother has a history of abandoning Jalaya by leaving her with father Patrick M. without prior notice or agreement.   She abandoned Jalaya on the doorstep of Jalaya's paternal grandmother on January 14, 2012 without prior notice or agreement.   She was observed walking away without notice to the paternal grandmother and without ensuring that Jalaya was safe.   She exhibited violent behavior by kicking and breaking the paternal grandmother's door.   As the result of these actions, arrest warrants were issued against the mother for risk of injury to a minor, abandonment and criminal mischief.   Mother was arrested on March 30, 2012 for assault, breach of peace and criminal mischief as the result of an altercation with another woman.   Mother has consistently visited both of the children and has acted appropriately with the children.   Mother and the children appear to be bonded to one another.   Mother has not been in compliance with her specific steps.   She has not been consistent or fully engaged with her services.   Specifically, she has not completed any of the services recommended by DCF. She will need to be re-referred for the services in light of her non-compliance with the services.

The respondent father of Jalaya, Patrick M., is presently 19 years of age.   He is presently in the 11th grade.   He has a criminal history of assault dating back to 2009.   He has pending criminal charges including disorderly conduct, burglary in the second degree and assault in the third degree.   He is not employed.   As noted above, he has been involved in repeated instances of domestic violence with the mother.   He has not been in compliance with the court-ordered specific steps.   He has not complied with drug screenings and evaluations nor has he completed the parenting class.

The respondent father Chrissy S., who is presently 21 years of age, is the father of Johnen.   He is currently unemployed.   He has unstable housing and is currently transient.   DCF has been unable to maintain contact with him.   He has not engaged in services for parenting and substance abuse evaluations but is in the process of rescheduling those services.   His visits with Johnen have been inconsistent due to transportation problems but he has been appropriate and loving during the visits.

The minor child, Johnen, is presently two years and ten months old.   He has behavioral problems including violent tantrums at his pre-school.   He has exhibited inappropriate sexualized behavior with a children at his pre-school.   The court is deeply troubled by his use of profane language at the pre-school as well his exposure to such language.   It is shocking to the court that a child of almost three years of age would be exposed to such language.   Johnen is doing well in his current foster placement and no behavioral concerns have been noted.

The minor child, Jalaya, is presently one year old.   She is a happy and healthy baby and is doing well in her foster home.

With regard to the dispositional issues before the court, based upon a fair preponderance of the credible evidence presented, Jalaya cannot be reunified with the respondent mother nor the respondent father Patrick M. at the present time.   Further, the motion to reopen and modify the order of protective supervision of Johnen to commitment is granted.

Accordingly, the court hereby finds by a fair preponderance of the evidence that it is in the best interest of Jalaya that the order vesting temporary custody of Jalaya with the Commissioner of DCF be sustained.   She is hereby committed until further order of the court to the care and custody of the Commissioner of the Department of Children and Families who shall be her guardian.   The court ratifies and adopts the same specific steps ordered by the court on respondent mother and the amended specific steps as to the respondent father Patrick M. as the final steps as part of the disposition of this case.   The court hereby grants the motion to reopen and modify the disposition of protective supervision to commitment with regard to Johnen.   The court finds by a fair preponderance of the evidence that it is the best interest of Johnen to commit him to the custody of the Commissioner of the Department of Children and Families.   The care and custody of Johnen is ordered vested in DCF who shall be his guardian.   By virtue of the commitment of Johnen as part of this order, the order of temporary custody is terminated.   The court finds that the continuation of the protective supervision of Johnen is contrary to his welfare.   The court ratifies and adopts the same specific steps ordered by the court as to the respondent mother and the respondent father Chrissy S. as the final steps as part of the disposition of this case.

SO ORDERED.

BY THE COURT

Burgdorff, J.

Burgdorff, Mary–Margaret D., J.