IN RE: Azjah C. (2013)

MEMORARDUM OF DECISION

The Court makes the following findings by clear and convincing evidence:

The Department of Children and Families (hereinafter DCF) seeks to terminate Mother's parental rights to Azjah C. (Hereinafter Child).   Siblings Geovany and Milagros were born positive for illegal substances and are no longer in Mother's care.   Mother was not available to Child at birth because she was incarcerated for one hundred and twenty days for operating under the influence.   Mother had no housing of her own and was living with her father.

Mother has an extensive criminal and substance abuse history with alcohol, cocaine, operating under the influence, escape 1, possession of narcotics, failure to appear, probation violations, use of a motor vehicle without permission, sale of narcotics and larceny in the fourth degree.

Mother began treatment at the Multi-cultural Ambulatory Addiction Services (MAAS) in September 2011.   She enrolled in the Intensive Outpatient Program.   Six of seven drug screens came back negative for illicit use.   Mother tested positive for cocaine, benzodiazepines and PCP on November 9, 2011.   She was incarcerated and discharged from the MAAS program.

Having been referred to the Child First program in New Haven, Mother missed her first appointment with her clinician.   She completed the intake process eighteen days later, but did not appear for her December 27th appointment because of sickness.   Mother and Child attended an initial session on January 9, 2012.   The result of the parent Stress Index was that Mother “presented an overall appearance that was clinically significant, indicating that there may be an impaired sense of parenting competence, stressors associated with the restrictions placed on life roles, lack of social support, and presence of depression.”   Mother was discharged from the program.   On January 11, 2012 Mother was remanded to York Correctional Facility.

Mother's attendance for supervised visits was sporadic and poor for services at R' Kids, missing nine of thirteen visits.   Mother was discharged from the Virginia Wells Sober House for non-compliance with the rules.   Subsequently she was re-incarcerated.   On June 6, 2012, Mother was remanded to York Correctional Institute for a technical violation of her community release, which interfered with her ability to work with Child.

DCF properly concluded that Mother would not be able to care for Child in the reasonable future.

TERMINATION OF PARENTAL RIGHT IS IN CHILD'S BEST INTEREST

1. Mother is unwilling or unable to provide competent, safe, and nurturing parenting to Child;

2. Mother has been unavailable for services in order to improve her circumstances such that she might play a responsible role in her Child's life;

3. Mother has been unable to put her Child's interests ahead of her own interests;

4. Child is in need of a permanent and stable living arrangement in order to grow and develop in a healthy manner.

5. Termination of the parental rights of Mother is in Child's best interest.

GROUNDS FOR TERMINATION OF PARENTAL RIGHTS

GROUND B1:  Failure to rehabilitate after adjudication as to Child by Mother.

1. On February 2, 2012, Child was adjudicated neglected in the Superior Court for Juvenile matters at New Haven, CT;

2. Due to Mother's persistent inability to provide reasonable care for Child, her persistent incarceration, and ongoing substance abuse, she was unable to provide Child with a safe and stable environment;

3. Despite Mother's attempts to engage in offered services, she was unable to sustain sobriety and play a meaningful role in her daughter's life;

4. Based on history Mother will not be able to assume a responsible position in Child's life;  And

The court finds that DCF made reasonable efforts to reunite Child with Mother as demonstrated by the following specific steps ordered by the Court on September 7, 2011:

1. Keep all appointments with Court and DCF;  cooperate with home visits and Court appointed attorneys or guardians ad litem.

Mother was compliant with this step.

2. Let DCF, your attorney and the attorney for Child know where you are at all times.

Mother was compliant with this step.

3. Take part in counseling and make progress toward treatment goals.

Mother was not compliant with this step.   Mother neglected to respect and work toward treatment goals.

4. Submit to substance abuse evaluations and follow treatment recommendations.

Mother was not compliant with this step.   Her returns to incarceration interfered with her ability to accomplish her goals.

5. Submit to random drug testing;  the time and method of the testing will be up to DCF.

Mother was compliant.

6. Do not use illegal drugs or abuse alcohol or medicine.

Mother did not comply with this step.   She used PCP, marijuana, cocaine, benzodiazepines and PCP.

7. Cooperate with services provided for parenting, individual family counseling and/or substance abuse assessment and treatment, specifically MAAS, adult probation, and parenting education classes.

Mother was not compliant with this step.

8. Cooperate with Court ordered evaluations or testing.

Not applicable.

9. Sign releases allowing DCF to communicate with service providers to monitor attendance, cooperation and progress toward identified goals, and for use in future proceedings before this Court.

Mother was compliant.

10. Sign releases allowing Child's attorney and guardian ad litem to review Child's medical, psychological, psychiatric and/or educational records.

Mother was compliant.

11. Get and maintain adequate housing and legal income.

Mother was not compliant.

12. Immediately let DCF know about any changes in the make-up of the household to make sure that the change does not hurt the health and safety of the children.

Mother was compliant.

13. Avoid involvement with the criminal justice system.   Cooperate with the Office of Adult Probation or parole office and comply with conditions of probation or parole.

Mother was not compliant.

14. Visit Child as often as DCF permits.

Mother was not compliant.

15. Within 30 days of this order, and at any time after that, tell DCF in writing the name address, family relationship and birthday of any person(s) who you would like the department to investigate and consider as a placement resource for Child.

Mother was compliant.

16. Provide DCF with the names and addresses of the grandparents of Child.

Mother was compliant.

FINDINGS

1. Termination of parental rights is in Child's best interest.   DCF offered Mother consistent visitation with Child.   Mother received increased and intensive services throughout the case:  bus passes, Zero to Three, and r' Kids Family Center.   DCF also offered Mother ongoing substance abuse and mental health services through Connection Inc., MAAS and Rushford.

2. Finding whether DCF has made reasonable efforts to reunite the family pursuant to the Federal Adoption Assistance Act of 1980.

DCF made reasonable efforts to reunite the family pursuant to the Federal Adoption Assistance and Child Welfare Act of 1980.   The efforts were relevant, available, adequate and accessible.   DCF offered Mother services that were focused on goals outlined consistently with ordered specific steps.

3 Finding regarding the terms of any applicable court order entered into and agreed upon by any individual agency and the parent, and the extent to which all parties have fulfilled their obligations under such order or orders.

The Court issued Specific Steps for Mother, who was advised by the Court and DCF that she must comply with the Court's Order.   Mother attempted to achieve the ordered goals, but did not benefit from the offered services.

4. Finding regarding the feelings and emotional ties of Child with respect to her parents, any guardian other person and any person who has exercised physical care, custody or control of Child for at least one year with whom Child has developed significant emotional ties.

Prior to DCF's intervention, Mother placed Child in the care of family friends and DCF because her criminal history interfered with her ability to care for Child.

5. Finding regarding the age of Child.

Child is three years old and has been passed from place to place from birth.   Due to Mother's frequent incarceration, Child has endured many transitions during her short life.   Mother is dependent on able caretakers and seeks healthy attachments.

6. Finding regarding the effort Mother has made to adjust her circumstances, conduct, or conditions to make it in the best interest of Child to return her to family in the foreseeable future, including, but not limited to, (A) the extent to which parent has maintained contact with Child as part of an effort to reunite the Child with the Parent, provided the Court may give weight to incidental visitation, communications or contributions and (B) the maintenance of regular visitation or communication with the guardian or other custodian of Child.

Mother has made little effort to adjust her circumstances, conduct or conditions to make it in Child's best interest to return to her family in the foreseeable future.   She spends more time in jail than with Child.   Fortunately Child has had DCF to make sure that she is in supportive care.

7. Finding regarding the extent to which parent has been prevented from maintaining a meaningful relationship with the child by the unreasonable act or conduct of any other person or the circumstance of parents.

Mother has failed to sustain any reasonable relationship with her daughter due to her frequent incarceration.   Mother has failed to sustain a reasonable relationship with her Child because she has been unable to provide appropriate care to her and Child is safer in the hands of DCF and its resources.

ORDERS

Having considered Child's need for a secure and permanent environment and the totality of the circumstances found;  and having considered all the statutory criteria for Termination of Parents' rights;  and having found by clear and convincing evidence that grounds exist for Termination of Mother's Parental Rights;  and having concluded that the termination of Mother's Parental rights will be in Child's best interest, this Court hereby ORDERS:

Based on the facts and circumstances before the Court, the Court finds that, for the life of Child, Mother has failed to provide her appropriate care, and has engaged in a life style that has neglected Child.   Mother has been incarcerated for most of Child's life and Child deserves a permanent safe and supportive environment.

NOW, the COURT finds that Mother's rights to Child should be and are hereby terminated

Respectfully Submitted,

Hon. Thayer Baldwin, J.T.R.

Baldwin, Thayer, J.