IN RE: Davon B.1 (2014)

MEMORANDUM OF DECISION ON MOTION FOR INTERSTATE COMPACT STUDY

Before the Court is a Motion filed by J.G. the father of three of the children in this case seeking that the court order the department of children and families (hereafter “DCF”) to obtain an interstate compact study to assess the suitability of Edward and Linda Lombardi, the maternal grandfather of the children and his wife as guardians of all of the children.   The attorneys for mother and the children orally supported the motion.   DCF opposed the motion, arguing that the children are placed with a relative foster parent as did counsel for the current foster parent.

Mr. and Mrs. Lombardi are unrepresented intervening parties in this case.   It is unclear why they did not join in this motion.   What is clear is that on October 30, 2013 when their Motion to Intervene was granted, without objection from any party including DCF, it was clear that they wished to offer themselves as a placement resource for some or all of the children in the event that the parents' rights were terminated.   No interstate compact study was requested, or ordered, possibly because, although Termination Petitions had been filed, to have a study done was seen as premature.

Nevertheless, pursuant to section 46b–129(C)(2) a study should have been ordered on October 30, 2013 when intervenor status was granted.   The Lombardis have lived in New York throughout the duration of this case so that an assessment in accordance with the Interstate Compact on the Placement of Children (ICPC) should have been ordered.

The movants have stipulated that the fact that in the likely event that the ICPC assessment has not been completed by the date scheduled for the commencement of the trial that fact shall not delay the commencement of the Termination trial scheduled to commence on June 17, 2014 at the Child Protection Sessions in Middletown.

On the basis of that stipulation and the requirements of section 46b–129(C)(2) the court ORDERS:

That DCF forthwith conduct an assessment of Mr. and Mrs. Lombardi in accordance with the ICPC as expeditiously as possible.

ESCHUK, J.

Eschuk, Cara F., J.