Hector G. Morera v. Stephenie C. Thurber (2014)

MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION FOR CLARIFICATION DATED NOVEMBER 21, 2013

The court seeks to clarify that portion of its decision in this matter referring the parties and their children to the Klingberg Center for reunification of the plaintiff father with his children.

In its decision of October 10, 2013 the court found that plaintiff's judgment and ability to parent his children had deteriorated since the court's orders of June 18, 2012, and deemed this a substantial change in circumstances justifying modification of its orders for parental responsibility.   The court heard credible evidence that plaintiff had not seen his children for a lengthy period of time and concluded that under the circumstances of this case, the best interests of the children required professional reunification services.

The court sought to initiate a process that, if successful, would reintegrate the father into the lives of his children.   The court reasoned that the Klingberg Center's reunification expertise best served the current needs of the children.   The court, however, did not and does not seek to dictate the timing or exact mechanisms of this process.

The court also heard credible evidence that the financial resources of these parties, especially plaintiff, were strained to the breaking point.   The court is aware that there is sometimes grant money available to access the Klingberg Center.   A referral to the Klingberg Center through Family Services may address the money issue and still protects the best interests of the children.   The court did not explicitly refer the case to the Family Services Division as is required to access these grant monies.   The court does so now to effectuate the intent of its October 2013 orders.

In summation, the court in October ordered more than just professional supervised visitation for these children with their father.   The court intended, but did not fully articulate, that a reunification program through the Klingberg Center take place.   The Court refers the matter to Family Relations in order to implement this order and, if possible, gain access to the judicial grant money to pay for all or a portion of the program.

If the judicial grant program is not available to cover all of the costs of the program, then the parties shall share the cost in the percentages set forth in the memorandum of decision.

SO ORDERED.

Carbonneau, J.

Carbonneau, John L., J.