IN RE: Lazariah W.1 (2013)

MEMORANDUM OF DECISION

This case presents a petition by the Department of Children and Families (DCF) asking that the parental rights of the mother of Lazariah W. be terminated.   The mother is Tiquana W. The father's parental rights were previously terminated.

On November 19, 2012, DCF filed a petition to terminate parental rights.   All parents were properly served.   Mother appeared and was advised of her rights and was appointed counsel.

The respondent mother contested the petition.   Grounds B1, E and F of Connecticut General Statutes 17a–112(j) were alleged in the petition.

The matter was tried to the court on June 5, 2013.   The respondent mother appeared and was represented by counsel.   All counsel had the opportunity to examine and call witnesses.   The petitioner introduced four exhibits and called one witness.   Mother and Child did not offer any exhibits or call any witnesses.   The court also took judicial notice of a decision issued by Frazzini, J. involving the termination of the mother's rights with respect to Lazariah's siblings.

The court finds that it has proper jurisdiction of the matter and that there are no pending actions affecting the custody of the minor child.   The court has carefully considered the petition, all of the evidence and testimony presented, and the arguments of counsel, according to the standards required by law.   On the basis of the evidence presented and for the reasons stated below, the court finds in favor of the petitioner and hereby terminates the parental rights of the mother.

The court finds the following facts by clear and convincing evidence:

PROCEDURAL HISTORY

Lazariah was removed pursuant to a 96–hour hold on September 15, 2011.   An OTC issued on September 20, 2011 and was sustained as to mother on September 23, 2011.   A neglect adjudication was entered on May 15, 2012.

Specific Steps were issued on September 23, 2011 and May 15, 2012.

Child:  Lazariah

Lazariah was born on September 14, 2011.   His mother, Tiquana was incarcerated at the time due to charges stemming from injuries she inflicted on Lazariah's sibling Quirvontrey.   Lazariah was placed in her current foster home within days of her birth.   She is very bonded to her foster parents and looks to them for all her needs.   She is developmentally on schedule and is thriving in the care of her foster parents.   She has a foster sibling about the same age who was placed in the foster home at about the same time.   She has monthly visits with her mother and appears to be comfortable in her presence though mother has expressed a belief that the child does not know who she is.

Mother

Tiquanna is twenty-two years old.   She was the second of eight children born to Yashika W. and Clyde M. Her father was convicted of murder and is incarcerated.   Mother reports a very traumatic childhood having been subjected to physical and sexual abuse at the hands of a step-father.   She described the abuse as “torture.”   She was also sexually abused by a maternal uncle.   She dropped out of school after ninth grade and has never been employed.   She continues to be angry about her childhood and is unable to deal with the anger or channel it in an appropriate manner.   She has been incarcerated since June of 2011.   She is serving a four-year sentence followed by six years of Special Parole having been convicted of Risk of Injury to a Minor due to injuries she inflicted on another child, Quirvontey, who was nine months old at the time.   It was determined that Quirvontrey sustained a broken humerus and when x-rayed several older fractures were discovered.   Mother's parental rights to Quirvontrey, Trevor and Elijah were terminated on April 11, 2011 in a judgment issued by Frazzini, J.

While incarcerated, Mother has participated in an anger management program as well as a parenting program.   She has refused to engage in individual counseling despite the recommendations and encouragement of her social worker to participate.   Individual therapy is critical to mother's rehabilitation as she needs to address the trauma she endured as a child in order to minimize the frustrations and anger she currently experiences.   This anger and frustration manifested itself in the abuse of the sibling, Quirvontrey, who sustained a total of three fractures on both arms.   Mother admitted to the police that she became angry when the child would not stop crying and threw him into the playpen.   A witness said that mother did it “again and again.”

Reasonable Efforts

In order to terminate parental rights absent consent, DCF must prove, by clear and convincing evidence that it made “reasonable efforts to locate the parent and to reunify the child with the parent ․ unless the court finds in this proceeding that the parent is unable or unwilling to benefit from reunification efforts ․” General Statutes § 17a–112(j)(1).  “Because the two clauses are separated by the word ‘unless,’ this statute plainly is written in the conjunctive.   Accordingly, the department must prove either that it has made reasonable efforts to reunify or, alternatively, that the parent is unwilling or unable to benefit from reunification efforts.”  (Emphasis in original.)   In re Jorden P., 293 Conn. 539, 552, 979 A.2d 469 (2009).

In reviewing reasonable efforts, “[t]he word reasonable is the linchpin on which the department's efforts in a particular set of circumstances are to be adjudged, using the clear and convincing standard of proof.   Neither the word reasonable nor the word efforts is, however, defined by our legislature or by the federal act from which the requirement was drawn ․ [R]easonable efforts means doing everything reasonable, not everything possible.”  (Internal quotation marks omitted.)  In re Samantha C., 268 Conn. 614, 632, 847 A.2d 883 (2001).   The court must look to events that occurred prior to the date the petition was filed to determine whether reasonable efforts at reunification were made.  In re Shaiesha O., 93 Conn.App. 42, 47, 887 A.2d 415 (2006).

The court finds that DCF made reasonable efforts to locate the mother.

The court also finds that mother is unwilling to benefit from reunification efforts.   Lisa Butler, the DCF social worker testified as to the need for mother to engage in individual counseling.   There are numerous references throughout the exhibits as to the trauma mother endured as a child and the ensuing anger and frustration that mother has experienced as well as the need to address the trauma in individual therapy.   Individual therapy is available to mother through the Department of Corrections yet she refuses to participate, claiming she does not require individual therapy.

Adjudication

Each statutory basis set out in General Statutes Sec. 17a–112(j) is an independent ground for termination.  In re Baby Girl B., 224 Conn. 263.   The petitioner is required to prove at least one of the grounds alleged in its petition by clear and convincing evidence.

Failure to Rehabilitate–General Statutes § 17a–112(j)(B)(i)

If the parents of a child who has been found by the court to have been neglected or uncared for in a prior proceeding fail 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, they could assume a reasonable position in the life of the child grounds for termination exists.

Personal rehabilitation, [as used in the statute] refers to the restoration of a parent to his or her former constructive and useful role as a parent [and] requires the trial court to analyze the [parent's] rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable time ․ [I]n assessing rehabilitation, the critical issue is not whether the parent has improved [his] ability to manage his own life, but rather whether [he] has gained the ability to care for the particular needs of the child at issue.”  (Internal quotation marks omitted.)  In re Zowie N., 135 Conn.App. 470, 503, 41 A.3d 1056, cert. denied, 305 Conn. 916, 46 A.3d 170 (2012).   Furthermore, “[i]n making its determination, the court may rely on events occurring after the date of the filing of the petition to terminate parental rights when considering the issue of whether the degree of rehabilitation is sufficient to foresee that the parent may resume a useful role in the child's life within a reasonable time.”  (Internal quotation marks omitted.)  In re Gianni C., 129 Conn.App. 227, 234, 19 A.3d 233 (2011).

The parent's compliance with the court ordered expectations entered at the time of the neglect adjudication are relevant but not dispositive to the rehabilitation finding.  In re Luis C., 210 Conn. 157 (1989).   The ultimate question is whether the parent at the time of the filing of the termination petition is more able to resume the responsibilities of parents than he or she was at the time of the commitment.  In re Michael M., 29 Conn.App. 112 (1992).

Lazariah was adjudicated as a neglected child and committed to DCF because mother was incarcerated for inflicting serious nonaccidental injuries to another child.   Mother has since been convicted of Risk of Injury to a Minor and was sentenced on April 4, 2013 to four years to serve with six years of special parole.   The charges stem from mother's abuse of a sibling of Lazariah who was nine months old at the time.   Mother became angry and frustrated at the child when he would not stop crying.   In a fit of rage she threw the child into a crib causing fractures to the humerus.   Until mother addresses the issues that produce such levels of anger and frustration she cannot safely parent a child.   The vehicle for resolving those issues appears to be individual therapy which mother has refused to participate in.   Given this attitude it is unlikely that mother can assume a responsible role in the life of Lazariah within the foreseeable future considering Lazariah's age and needs.   The court finds that the respondent mother has failed to rehabilitate within the meaning of the statute.

General Statutes § 17a–112(j)(E)

The court incorporates its findings with respect to (B)(i) and also finds that Lazariah is under the age of seven and that the respondent mother's parental rights with respect to three other children were terminated pursuant to a petition filed by DCF. The court finds that the petitioner has sustained its burden of proof with respect to this ground.

General Statutes § 17a–112(j)(F)

In order to prove this ground the petitioner must prove that a parent has committed an assault by a deliberate nonaccidental act that resulted in serious bodily injury to another child of the parent.   The court took judicial notice of a decision written by Frazini, J. in which he found by clear and convincing evidence that the respondent mother committed an assault through a deliberate, nonaccidental act that resulted in serious bodily injury to Quirvontrey.  In re Jah'za G., 141 Conn.App. 15 (2013).   Quirvontrey is another child of the respondent.   The court therefore finds that the petitioner has proven this ground by clear and convincing evidence.

DISPOSITION

General Statute § 17a–112(k) Criteria

The court has found by clear and convincing evidence that the necessary statutory ground alleged by the petitioner for the termination of father's parental rights has been proven.   Before making a decision on whether or not to terminate the respondents' parental rights, the court must now consider and make findings on each of the seven criteria set out in General Statute § 17a–112(j).  In re Romance M., 229 Conn. 345 (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.”

DCF's ability to provide services to facilitate the reunion of the child with the parent was handicapped by mother's incarceration.   DCF did provide visitation on a monthly basis and encouraged mother to participate in whatever services were available through the Department of Corrections.   The social worker made inquiries as to the availability of individual counseling and suggested to mother that she participate.

(2) “Whether the Department of Children and Families has made reasonable efforts to reunite the family pursuant the Federal Child Welfare Act of 1980, as amended.”

DCF made reasonable efforts to reunify the parent with the child.   The efforts were reasonable considering that mother was incarcerated for the entire life of her child.

(3) “The terms of any court orders entered into and agreed upon by any individual or agency and the parent, and the extent to which the parties have fulfilled their expectations.”

The court issued specific steps to the respondents.   Mother fulfilled her expectations as best she could with the exception of individual counseling.   She was consistent in visiting.   DCF fulfilled its obligations.

(4) “The feelings and emotional ties of the child with respect to the parents, any guardians of his 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.”

There is a strong bond between the Lazariah and her foster parents as well as strong emotional ties.   There appears to be a degree of recognition between the child and mother.

(5) “The Age of the Child”

Lazariah is 15 months old

(6) “The effort of the parent has made to adjust his circumstances, conduct, or conditions to make it in the best interest of the child to return to his home in the foreseeable future including but not limited (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 the court may give weight to incidental visitations, communications or contributions and (B) the maintenance of regular contact with the guardian or other custodian of the child.”

The respondent mother has maintained contact with the child and DCF on a regular basis.   She has refused however to begin the therapeutic process which could possibly allow her to reunify.   The ability to adjust her circumstances is also restricted by the Department of Corrections and when she will be released.

(7) “The extent to which a parent has been prevented from maintaining a meaningful relationship by the unreasonable act of any other person or by the economic circumstances of the parent.”

The mother did not face any unreasonable interference from any person and no economic circumstance preventing her from establishing or maintaining a meaningful relationship with her daughter.   She was provided with legal representation at no cost as well as monthly visitation.

Best Interests of the Child

The court must now address the issue of whether termination of parental rights is in the best interest of the child.   This is part of the dispositional phase of a termination proceeding.  In re Valerie D., 223 Conn. 511.

In determining the issue of the best interests of the child, the court has considered the adjudicatory and dispositional evidence in its entirety, and the court has concluded by clear and convincing evidence that there is no permanency plan that could have secured the best interests of Lazariah that is less restrictive than termination of the parental rights at issue.   The mother is incapable of resuming her parental role and no alternatives have ben proffered.   See In re Azareon Y., 139 Conn.App. 457, 60 A.3d 742 (2012), cert. granted in part, 307 Conn. 950, 60 A.3d 739, and cert. granted in part, 308 Conn 928 (2013);  In re Julianna B., 141 Conn.App. 163, 61 A.3d 606 (2013).

The court has considered Lazariah's best interests, including her health safety and need for permanency.  “It is undisputed that children require secure, stable, long-term, continuous relationships with their parents or foster parents.   There is little that can be as detrimental to a child's sound development as uncertainty ․” Lehman v. Lycoming County Children's Services Agency, 458 U.S. 502, 513, 102 S.Ct. 3231, 73 L.Ed.2d 928 (1982).   The child is bonded to her foster parents, with whom she has lived her entire life.   The respondent mother is unwilling to take the necessary steps which could possibly have led to reunification.   Considering mother's history however it's unlikely that she could ever be trusted to safely parent a young child.   Based upon all of the foregoing, the court finds by clear and convincing evidence that termination of the parental rights of Tiquana W. is in the best interest of the child.

CONCLUSION

Based upon the foregoing findings and having considered all of the evidence, statutory considerations and having found by clear and convincing evidence that grounds exist for termination of parental rights, the court further finds, based upon all of the facts and circumstances presented, that it is in the children's best interests to terminate the parental rights of mother, Tiquana W.

The court had previously terminated the parental rights of Quinton S., the father and therefore appoints The Department of children and Families as statutory parent for Lazariah.   DCF is ordered to file a status report within thirty days from the date of this decision.

BY THE COURT,

Dannehy, J.

Dannehy, Michael R., J.