IN RE: Jaynate J. aka 1 (2014)

MEMORANDUM OF DECISION

On March 25, 2013, Joette Katz, JD, as she is the Commissioner of the Department of Children and Families, (“DCF”), filed a petition to terminate the parental rights of Samara J. and Jeffrey J. to their children, Jaynate and Jeffrey, twin boys both born on August 19, 2007, and a daughter, Tavia, born on January 28, 2011.

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 25, 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 each 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 father wished to state that he was consenting to the termination of his parental rights because a relative placement was contemplated.   The court and his attorney made it clear to the father that the court would not accept a conditional consent and further that while it appeared that a relative placement was contemplated, neither his attorney nor the court could guarantee such an outcome.   The father indicated that he understood.   Thereafter, the consents of each of the 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.

FINDINGS

Exhibits 1 and 2 were marked as full exhibits.   The evidence presented indicates that the parents have labored under orders of protective supervision of the court off and on since 2008.   DCF has made sustained efforts, unsuccessfully, to remediate the parents' problems and to assist the parents in reunification.   The exhibits admitted into evidence clearly recount the problems presented and the challenges of the parents.   The election of the parents to consent to the termination of their parental rights was appropriate and serving of the needs of the children for stability, structure and permanence.   The psychological report comprehensively outlines the limitations of the parents, the behavioral problems of the children and the remarkable improvement of the children's behavior in the presence of their present relative foster care providers.

It is clear from the evidence that the consent of the parents was appropriate and desirable.   Two permanency plans of termination and adoption have been previously approved by the court.  (Brown, J. and Mosley, J.) This court finds upon a review of the evidence 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 Samara J. and Jeffrey J. 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 children shall notify in writing the Deputy Chief Clerk of the Superior Court for Juvenile Matters at 239 Whalley Avenue, New Haven, Connecticut, 06511 of the date when said adoptions are finalized.

Judgment may enter accordingly.

Foley, Judge Trial Referee # 483

FOOTNOTES

FN2. Thus entitled in accordance with Connecticut General Statutes (CGS) Sec. 46b–124 and Practice Book Sec. 32a–7.   The records and papers of this case shall be open for inspection only to persons having a proper interest therein and only upon order of the Superior Court..  FN2. Thus entitled in accordance with Connecticut General Statutes (CGS) Sec. 46b–124 and Practice Book Sec. 32a–7.   The records and papers of this case shall be open for inspection only to persons having a proper interest therein and only upon order of the Superior Court.

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