IN RE: Franklin S. et al. (2013)

MEMORANDUM OF DECISION

I. STATEMENT OF THE CASE

The matter proceeded to trial on an order of temporary custody and a neglect petition concerning Kevin S. The matter also proceeded to trial on mother's motion in opposition to the permanency plan for Franklin S., a committed child, and mother's motion to modify disposition.   On the first day of trial, mother entered a plea of nolo contendere to the neglect petition concerning Kevin S. The court adjudicated Kevin neglected and proceeded on the dispositional phase at trial.

II. ISSUES

Is placement of the children with mother under protective supervision in the best interests of each child?

III. STATEMENT OF FACTS

The court finds the following facts.   The Department of Children and Families (“DCF”) filed a neglect petition on behalf of Franklin S. in October 2011.   In March 2012, Franklin was adjudicated neglected and committed to DCF. On October 30, 2013, mother entered a plea of nolo contendere to the neglect petition concerning Kevin and the adjudication of neglect entered.   Kevin is under an OTC pending disposition in the instant matter.

Mother seeks placement of Franklin and Kevin with her under protective supervision.   The department seeks commitment of Kevin and placement of both boys in their current therapeutic foster home under a permanency plan calling for another planned permanent living arrangement.

Mother

Mother was born in the Dominican Republic and suffered severe brain damage after a fall when she was three months old.   She came to the United States in 1992 after attending elementary school in the Dominican Republic.   She has an IQ score of 55.   She primarily speaks Spanish but cannot read.

Mother's parental rights to two other children were terminated in 2001.   The petition alleged that mother was unable to manage the children behaviorally, medically and educationally.   After losing her parental rights, mother jumped out of a window.   She remained in the hospital for three months.

Mother has been diagnosed with moderate to severe level symptoms of depression.   She has feelings of severe guilt and a loss of interest in interpersonal relationships.   The impact of low intellectual functioning and psychological factors has diminished her ability to withstand the insistent, demanding and unsympathetic behavior of her sons.   When sons were living with mother, she often withdrew from them which ignited more conflict between mother and sons.

When Kevin and Franklin become oppositional and defiant, mother does not have the strength of character to persist.   Kevin and Franklin have concluded that they can get what they want if they persist.   She then resorts to begging and pleading.   During one incident, Kevin demanded an iPod from his mother.   He maintained his level of irritation and aggression throughout the incident.   Mother then gave him the iPod. Kevin's use of violence and aggression and mother's capitulation reinforced his use of such to secure his desires.

Mother has tried to exercise patience with Franklin during his oppositional episodes but has been overly tolerant.   Consequently, Franklin has had little success moderating over reactive, oppositional and disrespectful behaviors.   This pattern has created a “destructive precedent.”

Kevin and Franklin complained that mother would stay in bed, not prepare breakfast and yell at them to behave.   They reported she would not help them get ready for school.

Mother clearly loves her sons and her sons show great affection for her.   However, mother's personality development was “severely compromised” by sexual abuse during her childhood and sexual and physical abuse as an adult.   These events “profoundly impair” her self image making her feel “vulnerable and incapable.”   Her intellectual functioning limits her ability to understand the depth of her sons' special needs.   However, she can express what is necessary to achieve better parenting.   Nevertheless, she would need in-home assistance for herself and her sons on an around-the-clock schedule or attempt to manage her sons' behaviors and address her own needs.

Mother recognizes the importance of professional intervention.   She also recognized the need to structure the home routine including setting meal times and establishing and enforcing reasonable rules.   She recognizes that she should be the leader in her home.   She also accepts that there should be appropriate consequences for negative behavior and rewards to reinforce positive behavior.   Mother has not attended as many individual counseling sessions as would be optimally beneficial.   However, she is more forthcoming in group sessions than she used to be and no longer requires anti-depressant medication.

Mother's organizational skills have improved.   She is also more energetic since undergoing surgery.   Her sons visit her at her home every other Saturday starting at 7:30 a.m. until 3:30 p.m. on Sunday.   She reports no problems with her sons during visits.   Curiously, she reports that her depression did not affect her ability to be an effective parent.

Mother has conceded difficulty getting her sons to attend school and maintains that her sons' problems manifest themselves at school and not at home.   She reported no problems at home before the boys were removed, although Kevin once “removed” one worker from the home.   Mother's individual therapist has not evaluated the stressors that could afflict mother if the boys are returned home.

Franklin S.

Franklin has a history of impulsivity, hyperactivity and inattention.   He has a history of head banging into a cement wall or another hard surface.   He has been diagnosed with Pervasive Development Disorder, ADHD, PTSD and parent child relational problems.   He has had two psychiatric hospitalizations, one of which was three months long.   Franklin also has speech and language deficits.   He has a history of aggression with his brother, Kevin, and a history of defiance towards his mother.   Franklin has a lack of concern for his mother's struggles and no ostensible concern for other peoples' feelings.   As a result, the feelings of others have little impact on his conduct.   He cannot regulate his emotions to fit the circumstances ․ he responds at a siren's level.   He carries an “imperious” attitude.   No professional therapy has made significant progress with him.

Kevin S.

After removal from the home, Kevin has displayed severe behavioral difficulties.   These included aggression, screaming, cursing, punching walls, and hitting and kicking furniture.   He has had tantrums that have lasted between five minutes and six hours.   One such tantrum at school featured assaulting staff and ripping baseboards from the walls.

At times, however, Kevin could be friendly, helpful and cooperative.   More often, he has refused to be patient and cooperative.   He suffers from “emotional dysregulation.”   That is, he cannot regulate his emotions by himself.   External directives and structure must be used to divert him from “overwhelming upset.”   The prognosis is fair to guarded for Kevin's progress toward reunification with mother even if two professionally trained staff are present in the home for several hours a day for seven days a week for an indeterminate amount of time.   However, even this level of intervention may not be enough to prevent electrifying tantrums which require crisis intervention.   In his current foster placement, his behaviors have improved.   Foster father provides appropriate structure and discipline which mother cannot provide.

IV. PRINCIPLES OF LAW

“Motions to modify dispositions are dispositional in nature based on the prior adjudication, and the judicial authority shall determine whether a modification is in the best interests of the child or youth upon a fair preponderance of the evidence.”  Connecticut Practice Book Section 35a–16.

V. ANALYSIS

Mother and sons have made progress.   However, individually, they have not made enough progress to sustain a nurturing, structured and peaceful environment if reunited at this time.   The structure in the therapeutic foster home needs more time to address impulsivity, aggression and respect for authority.   Mother needs more individual counseling.   Mother's counselor has not evaluated the stressors that would fall on mother when the sons are placed with her.

VI. CONCLUSIONS OF LAW

The court finds by a preponderance of the evidence that it is in the best interests of Kevin and Franklin to remain in the therapeutic foster home.   It is in the best interests of Kevin to be committed to the Department of Children and Families until further order of the court.   The court approves the permanency plan of another planned permanent living arrangement.

VII. JUDGMENT

Kevin S. is committed to the care and custody of DCF until further order of the court.   The commitment is in the best interests of Kevin.   Mother's motion to modify disposition to protective supervision for Franklin is denied.

IT IS SO ORDERED.

Randolph, J.

Randolph, Kevin A., J.