IN RE: Abby C.1 (2013)

MEMORANDUM OF DECISION

On March 8, 2013, Joette Katz, the commissioner of the Department of Children and Families, (“DCF”), filed a petition to terminate the parental rights of Peggy C. and Walter W. to their child, Abby C. born, March 27, 2009, and the parental rights of Peggy C. and Dexter C. to the minor child Alexander C. born February 25, 2011.

The parents have appeared at this hearing and are represented by counsel.   The children are represented by counsel.   None of the parents claim Indian Tribal affiliation.   The court is aware of no other proceedings pending in any other court regarding the custody of these children.   This court has jurisdiction.

A contested hearing on the petition commenced on today's date, before this court.   At the commencement of the hearing the parents each presented to the court a properly executed form consenting to the termination of their parental rights.   Having canvassed the biological parents in open court, this court found that they had each been represented by competent counsel who was present with them when they executed the consent forms.   The court further found that the consents had been knowingly and voluntarily made with a full understanding of the legal consequences of their action and that they each had assistance of competent counsel.   The consent of the three biological parents was accepted.

The Department of Child and Families (DCF) through counsel moved to amend the petition to withdraw the non-consensual grounds as to the parents and to change the grounds to consent § 17a–112(i).   Without objection, the motion was granted.   Without objection exhibits A, C, D, and BB were admitted as full exhibits.

The court makes the following factual determinations by clear and convincing evidence.   On August 25, 2011, for good and sufficient reasons, both children were removed from the parental home.   In the interim they have been in foster care and lived with the maternal grandparents.   They were returned to the foster family after three months when it became clear that the maternal grandparents did not wish to be a long-term placement resource.   In September 2012, the children were returned to the foster family where they presently remain.   They have been under the supervision of the Department of Children and Families for five hundred and five days.   Each of the biological parents recognizes that they have limitations that would prevent the children from safely and securely remaining with them.

DCF has explored the possibility of relative placement of the children.   This was unable to be achieved.   The foster family has done an admirable job of meeting the many emotional and developmental needs of these children.   They are willing to be an adoptive resource for the children.   The caretakers of these children require extraordinary patience, attention and devotion to the children.   The foster family has exhibited that quality of care.

The most favorable outcome for these children, considering their best interests, is that the termination of parental rights be granted and that the children are quickly adopted.

ORDERS

It is ordered that the parental rights of the biological parents Peggy C., Dexter C. and Walter F. are terminated based upon their considered and appropriate consent.   The Commissioner of the Department of Children and Families is appointed the statutory parent of the children.

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.

The Clerk of 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 81 Columbia Ave., Willimantic, CT 06226 of the date when said adoption is finalized.

Judgment may enter accordingly.

Foley, Judge Trial Referee # 464

Foley, Francis J., J.T.R.