IN RE: Nathan P.1 (2014)

MEMORANDUM OF DECISION

On August 26, 2013, Joette Katz, the commissioner of the Department of Children and Families, (“DCF”), filed a petition to terminate the parental rights of Cathlynn F. and Mark P. to their children, Nathan, Bentley and Ava.

The parents have appeared at this hearing and are represented by counsel.   The children are represented by counsel.   Neither parent claims 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 February 11, 2014, before this court.   At the commencement of the hearing the parents presented to the court properly executed forms consenting to the termination of their parental rights.   Having canvassed the parents individually, 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 executed with a full understanding of the legal consequences of their actions and that they each had assistance of competent counsel.   The consents of the parents were 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.

Exhibits A, B, E, and N were marked as full exhibits.   The evidence presented indicates that the parents are young parents who entered parenthood prematurely while they were in high school.   Nathan was born on July 26, 2008;  Bentley was born on October 25, 2011, and Ava was born on November 21, 2012.   Nathan is extremely developmentally delayed as a result of cerebral palsy.   The parents have struggled with addiction to illegal substances.   Bentley is twenty-eight months of age.   He has struggled with a lack of coping skills.   Since his placement in relative foster care he is improving.   Ava, is currently fourteen months of age.   At birth she tested positive for illegal substances and DCF immediately sought and obtained an order of temporary custody.

All three children were placed with the paternal grandparents who have acted in all respects as the children's parents.   The children are bonded in their placement and are improving on all levels of development consistent with their physical abilities.   Ava has remained in relative foster care with the same people for virtually her whole life.   She is well cared for in her present home and all the children are being appropriately cared for.   It is likely that the children will be surrounded by many caring relatives in grandparent adoption.

It is clear from the evidence that the consent of the parents was appropriate and desirable.   The permanency plan of termination and adoption was approved by the court.  (Dyer, J.) This court finds that termination of parental rights is clearly in the best interests of the children.

ORDERS

It is ordered that the parental rights of the biological parents Cathlynn F. and Mark P. are terminated based upon their considered and appropriate consent.   The Commissioner of the Department of Children and Families is appointed the statutory parent.

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 # 1482

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