IN RE: Malachi M. (2014)

MEMORANDUM OF DECISION

On June 13, 2013, Joette Katz, as she is the commissioner of the Department of Children and Families (“DCF”), filed a petition pursuant to C.G.S. § 17a–112 et seq. to terminate the parental rights of Jaclyn M–L. and Reheim B. to the minor child, Malachi M. The parents have appeared and are represented by counsel.   The parents do not claim American Indian Tribal affiliation.   The court is aware of no other proceedings pending in any other court regarding the custody of this child.   This court has jurisdiction.

The case was assigned for a contested hearing on the termination of parental rights.   At the commencement of this hearing, the parents have presented to the court properly executed forms consenting to the termination of their parental rights to Malachi M. Having canvassed the parents, this court finds that they have been represented by competent counsel who was present with them when they executed the consent forms.   The court further finds that the consents have been knowingly and voluntarily entered with a full understanding of the legal consequences of their actions.   The consents have been accepted by the court.

The Department of Child and Families (DCF) through counsel has moved to amend the petition to withdraw the non-consensual grounds and to change the grounds to consent § 17a–112(I) by the parents.   Without objection, the motion was granted.

DISPOSITION

With respect to the best interests of the child by clear and convincing evidence, and based upon an examination of the Social Study (exhibit A) and the most recent Addendum to that study (Exhibit FF), the court finds that termination of the parental rights of the parents is in the best interest of the child.   Malachi is presently eighteen months old.   His biological parents have a variety of troubling limitations that prevent them from safely caring for Malachi.   Fortunately the child has been placed with a paternal cousin.   This is a stable, loving, pre-adoptive foster home.   The child is developmentally on schedule.   He is enrolled in day care where he is adjusting well.   He gets along with teachers and peers.

The social worker reports that Malachi is bonded to his foster mother.   He is well cared for.   Malachi is surrounded by extended family.   The placement is clearly a desirable setting for the child.

In making this finding that termination of the respondents' parental rights would be in the child's best interest, the court has examined multiple relevant factors including the notion that permanency, consistency and stability are crucial for children.   Malachi's interests in sustained growth, development, well-being, stability and continuity of environment are equally paramount.   The length of stay in foster care;  the nature of the relationship of the child with the biological parents;  the degree of contact maintained with the biological parents;  and the genetic bond to respondents, all have been considered.

IV. ORDER

It is accordingly, ORDERED that the parental rights of Jaclyn M–L. and Raheim B., upon their consent, are hereby terminated as to Malachi.   The Commissioner of the Department of Children and Families is hereby appointed the statutory parent.

With regard to the permanency plans for the child, the court hereby approves the plan of termination of parental rights and adoption and finds that such plan is in the best interest of the child.   The court also finds that DCF has made reasonable efforts to effectuate the permanency plan.   A case report shall be submitted within thirty days of this judgment, and such further reports shall be timely presented to the court as required by law.

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

Judgment may enter accordingly.

Foley, J.T.R. # 477

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