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IN RE: Damen M.-L.
MEMORANDUM OF DECISION
On June 12, 2013, Joette Katz, the Commissioner of the Department of Children and Families, (“DCF”), filed a petition to terminate the parental rights of of Erika L. and Wilfredo M. as they are the biological parents of twin boys, Damen and Kaleb, born prematurely on March 11, 2011. The parents were served with process. The parents are represented by counsel. The children are represented by counsel. Neither parent claims enrollment and tribal membership in any American Indian Tribe. The court is aware of no other proceedings pending in any other court regarding the custody of this child. This court has jurisdiction.
Both parents appeared on December 17, 2013 for a contested final hearing on the termination of their parental rights. The mother has consented to the termination of her parental rights in open court. This court has found that the mother voluntarily and knowingly consented to the termination of her rights, having received the advice and assistance of competent legal counsel and having understood the consequences of her actions. Her consent was accepted by this court. The petition has been amended to allege as the sole ground for termination of the mother her consent to the termination. No findings are necessary to be made pursuant to Conn. Gen.Stat. § 17a–112(k) due to her consent.
Adjudication
The court having read the verified petition and the social study, and the other documents offered into evidence (Exhibits A–S for petitioner and Exhibits 1–9 for the respondent-father) and heard testimony of the principal social worker and the respondent father accordingly makes the following findings by clear and convincing evidence.
The petition alleges that the father has failed to rehabilitate himself. General Statutes § 17a–112(j)(3) provides in relevant part that termination is warranted if the trial court, in the adjudicative phase, finds by clear and convincing evidence that “(B) the child (i) has been found by the Superior Court to have been neglected or uncared for in a prior proceeding ․ and the parent of such child has been provided specific steps to take to facilitate the return of the child to the parent pursuant to section 46b–129 and has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child ․”
The factual determination for this court is whether the father has achieved rehabilitation as contemplated under C.G.S. § 17a–112(j)(3)(B), that is, rehabilitation sufficient to render him able to care for these children.
Personal rehabilitation as used in [Section 17a–112] refers to the restoration of a parent to his or her former constructive and useful role as a parent ․ [The statute] requires the trial court to analyze the [parent's] rehabilitative status as it relates to the needs of the particular child, and further, that such rehabilitation must be foreseeable within a reasonable tune ․ [The statute] requires the court to find, by clear and convincing evidence, that the level of rehabilitation he has achieved, if any, falls short of that which would reasonably encourage a belief that at some future date he can assume a responsible position in the children's lives.
In re Eden F., 250 Conn. 674, 706 (1999).
The record reflects that the twins were removed from their mother on a 96–hour hold by DCF on November 15, 2011 at age eight months. The children have not been in the care of the biological parents since their removal two years ago.
The children's mother, twenty-six-year-old Erika, has never been married. She has custody of her first three children, Blake, aged 9; Alexander, aged 8; and Gabriel, now aged 7. The father of those children has, long ago, left the state of Connecticut and has not actively participated in the care of those three children.
In April 2010, DCF opened a case to provide treatment services to Erika due to concerns of educational neglect of her three children, poor hygiene, lack of food and dirty home conditions. It was shortly after this time that Wilfredo M., (a/k/a Fredo) entered her life. She soon became pregnant. (Exhibits A & B.)
Damen and Kaleb, the twins, were born on March 11, 2011 at twenty-seven weeks of gestational age; they were premature. They were considered by the hospital to be high risk children. A mother with three older children that were not being adequately and appropriately maintained would be extremely burdened by the considerable attention required of two, high risk helpless infants.
Following birth of the children, Kaleb remained in the neo-natal intensive care unit (NICU) of the University of Connecticut Health Center in Farmington as he was the most robust of the twins weighing 2 pounds 2 ounces. Kaleb remained hospitalized for approximately six weeks (May 17, 2011).
Damen was more medically fragile and was immediately transferred to the NICU at the Connecticut Children's Medical Center (CCMC) in Hartford. Damen remained hospitalized for more than two and a half months. He was released on June 30, 2011. During the time the children were in the hospital the social workers at each hospital were concerned by the infrequency of visits by either parent and were concerned about a lack of bonding.
Wilfredo M.
Wilfredo has never been married. He is presently twenty-eight years of age. His date of birth is March 1, 1985. He has fathered six children. His first child by Heather T., is a male child born in December 2005. The child has been exclusively in the care of the biological mother. Wilfredo is involved with the Support Enforcement division of the court system regarding the non-support for this child, now aged eight.
Wilfredo was involved with another woman for about a year and had a daughter born in February 2008. This child has been exclusively in the care of the mother. This relationship was domestically violent, involved the police and was resolved after Wilfredo was arrested and subsequently completed a twenty-six-week court-ordered family violence education program. Wilfredo is involved with the Support Enforcement division of the court system regarding non-support for this child, now aged five.
Wilfredo was involved with another woman in Norwich. The children are named Nalleli and Jonathan. These children are in the exclusive care of the mother. The dates of birth of those children are not known by Wilfredo. The support status of those children is unknown, although Erika reports that Wilfredo has support problems with all four of his other children. (Exhibit B. P.5.) He is not known to have ever participated in the support of Kaleb and Damen.
Wilfredo, at all times relevant, has lived with his parents in New London. He told the social worker that he has lived with his parents, except for brief periods of time, ever since they moved to New London when Wilfredo was sixteen. He has never been known to have his own apartment or home. In all documents in evidence from the hospital, the police and the social workers, Wilfredo reports his parent's address as his address. He reports dropping out of school in the eleventh grade. He has no military service. He has had various jobs working in entry level positions, mostly at restaurants, for short periods of time. He is currently unemployed and has told the social worker that if he had a job that Support Enforcement would take all his earnings. Therefore, he said, he had no interest in actively seeking employment.
Wilfredo acknowledged being hospitalized at Lawrence and Memorial Hospital on various occasions. He was unable to be specific but recalled about four years earlier having been hospitalized due to drug overdose and suicidal ideation. He has also had previous outpatient treatment with United Community and Family Services (UCFS) in New London.
During his eleven minutes of testimony during the present proceeding, Wilfredo stated he lives at his parents' home. His appearance in court revealed a physically healthy, well-nourished, twenty-eight-year-old male who appeared his stated age. He did not appear to have any disabilities which would prevent him from entering the workforce. He wore pierced earrings and a pierced loop in his lower lip. He wore a black “hoodie” with a death's head (skull) on his chest. He did not make eye contact with the court. He testified that a friend is teaching him the trade of a tattoo artist. Under cross examination he said that he makes between $50 and $90 per tattoo, that he works out of his parents' home, and that some of his earnings go to paying part of the parents' electrical bill since he uses their electricity to make tattoos. He said he makes approximately $300 per week.
The court file, however, reveals that on July 2, 2013, he filed a financial affidavit with the court under oath to enable him to obtain court appointed counsel. That affidavit claims that he receives $200 per month worth of food stamps as his only source of income and that he has no assets including no real estate, no cars or personal property. He wants the children placed with him. He says he is now compliant with recommendations for counseling.
As noted, neither parent made daily visits to the hospital to visit the new-born infants. Damen was not released from the hospital until June 30, 2011. Wilfredo had told the social workers that he stayed with Erika a couple of nights a week. On June 1, 2011, while Damen was still in the hospital, the Plainfield Police responded to a report of child abuse in Moosup. (Petitioner's exhibit J.) The anonymous report said that Frato (sic) was “throwing around” a 6–7–year–old boy. The next day the Head Start program, where Erika's children were in pre-school, contacted the Plainfield police indicating that they had observed bruises on Gabriel, Erika's five-year-old son. Gabriel would not tell the police or the social workers, who were investigating, any details of his injuries; “mommy said don't tell you.” Shortly later, Erika arrived to pick up Gabriel from Head Start. Confronted with the injuries, the presence of the police and DCF, Erika told Gabriel to tell the investigators what had happened to cause the injuries. Gabriel said that his mother's boyfriend, Wilfredo, had thrown him down the porch stairs and then he was struck again by Wilfredo.
From Plainfield Police Department report:
․ [Wilfredo] denied spanking the victim and said that the bruises may have come from the victim (Gabriel) engaging in “horse-play” ․ [Wilfredo] then said that he did spank the victim once and that he was swearing at the victim ․ [Wilfredo] at first denied doing anything but then admitted to grabbing the victim and putting him down hard on the porch but again denied throwing the victim. [Wilfredo] also said that he might have thrown the victim up against the wall and that he “may have lost his cool” due to the victim punching his infant brother.
․ Medical records from Day Kimball hospital ․”Upon inspection of Gabriel noted abrasions of different sizes to bilateral axilla, left rib area noted to have 9 small round bruises in various sizes. Small bruises to left infraclavicular. Bruise noted to left trapezius. Large scrape on back of left upper arm. On right rib area has two large red scrapes. Multiple bruises to bilateral lower legs from knee down in different stages of healing. To left upper forehead/hairline noted small abrasion with some faint bruising into hairline.
․ I (Sgt.Geyer) spoke with numerous people who “heard about the incident” but did not see it. I then went to (address deleted ) Street and spoke with Melinda [deleted ] (DOB: 00/00/79). When asked about the assault of [Gabriel] she said that she saw the whole thing. She said that she saw [Wilfredo] pickup [Gabriel] and then throw him down on the ground and start to stomp him. She said that at one point she intervened because [Wilfredo] was so out of control. (Excerpt from Petitioner's Exhibit J.)
That same month, on June 28, 2011, Wilfredo was seen at United Community and Family Services. The Adult Diagnostic outline indicates a chief complaint of depression and anxiety occurring over two years. Wilfredo admitted to marijuana use since age 12, most recently the day before (June 27, 2011). He is adjudged a suicide risk as he reports “he feels like he'd be better off dead.” Wilfredo reports he has 6 children and “is worried that he will be going to jail tomorrow for non-payment of child support.” On his global assessment of functioning he is noted to have financial, occupational and legal problems. The recommendation was for weekly therapy for six months. Prognosis was guarded. On July 14, 2011, two weeks later, Wilfredo was discharged from UCFS as non-compliant with policy. (Exhibit N.)
Removal of the Children
On June 30, 2011, Damen was released to the mother's care. Each of the twins had a specialized high-calorie formula and pharmaceuticals to take to assist in their growth and development. Both children were developmentally at risk due to low birth weight and premature birth. Erika had been extremely challenged trying to raise three children. Now, Erika was tasked with trying to maintain five children on her own. It was a herculean task and Erika was simply not up to the task. Between July and November she was not able to keep the appointments with surgeons, ear, nose and throat appointments, pediatricians, urologists and ophthalmologists. She missed her appointments even in her own home with the visiting nurse from Day Kimball Hospital. She was not purchasing the required pharmaceuticals and formula at the designated pharmacy. The parents failed to maintain consistent appointments for both children at the Neo-natal Intensive Care follow-up clinic.
On November 10, 2011, the visiting nurse contacted DCF to discuss her concerns regarding her most recent home visit with Erika and the children. She reported to DCF that both children had lost a significant amount of weight since the previous October visit. On November 8, 2011, the twins were admitted to Connecticut Children's Medical Center. They were ultimately diagnosed as having Failure to Thrive due to neglect. (Exhibits B and C.)
DCF took custody of the children. DCF then sought and obtained an order of temporary custody. DCF filed a petition against the parents alleging neglect. Wilfredo was provided with Specific Steps to obtain custody of the children. (Exhibit G.) On February 1, 2012, the children were adjudicated to be neglected.
Wilfredo was directed to attend the Fatherhood Initiative at Madonna Place to work on his parental coping skills. He began attending in May 2011 and completed the 12–session program on March 26, 2012. He received a certificate of successful completion. (Respondent's 7 & 8.)
Wilfredo was directed to attend a substance abuse and mental health evaluation at the Southeast Connecticut Alcohol and Drug Dependence program (SCADD). His intake psychosocial evaluation on January 26, 2012 included the following:
․ This client reports that he stopped smoking MJ in September of 2011 and he reports that he substituted with K2. This client reports weekly use of K2 and reports that he last smoked it yesterday. This client reports that he first tried alcohol at the age of 15 and he reports that he would drink 7 out of 30 days a 40 ounce beer and perhaps a shot until the age of 18 when he reports that he began drinking daily about 15 beers a day which lasted until the age of 21 when he reports that he cut down to a six pack a day until the age of 23 when he reports that he would drink a 12 pack and a few shots a night and he reports that he would drink to heavy intoxication and often blackout on the weekends. (Wilfredo ) was hospitalized for alcohol poisoning during this time ․ This client denies any past substance abuse treatment. This client denies any gambling issues.
(Wilfredo ) reports that he has been arrested 10x and with his first arrest at the age of 18 and one-month long incarceration for child support. This client reports that he was arrested for child support, larceny, DV, and possession of drug paraphernalia. This client reports that he has an open court case and DCF involvement.
․ This client reports that he has attempted suicide 5x, but has never been hospitalized for it. “I usually get really drunk and take pills oh (sic) what one time I was cutting.” This client reports that all of his attempts have been a result of a breakup with one or another of his children's mothers. This client states that his mother would intervene.
Assessments, Drug Tests, and Diagnostic Impressions
Anger Self Assessment: 11/25 (High). Clients who score this way have indicated that they are high on the anger scale and are great candidates for Anger Management.
Modified Mini Screen: 8 (High). Clients who score this way screen positive for mental health issues.
CAGE–AID: 2. Clients who score this way test positive for a substance abuse disorder.
Diagnostic Checklist: abuse–3 dependence–5. This client should be coded as dependent on his drug of choice (excerpts from Petitioner's Exhibit Q).
Wilfredo began attending the SCADD program in New London which likely could have been of great value to him to address his mental health and substance abuse issues. But he did not stay with the program. He was unsuccessfully discharged on May 22, 2012.
Discharge Date: 05/22/12
․ After group client reported that he has been very depressed due to the loss of his children and relationships and is afraid of going to prison in May on May 30, 2012 for child support payments. He stated, “two weeks ago (May 9, 2012 ) I smoked K2, threw things around my home and put the stove gas burner on and sat in the other room smoking a cigarette.” He also reported that he doesn't remember the event and reported that his father came home and took him to “The Pond House at L & M Hospital.”[The psychiatric facility at the hospital.] He reported having a suicide note, but doesn't remember writing it ․ Client reported that he saw a therapist and was prescribed Trazadone and Seroquel for his depression. Client stated, “When I informed the therapist I would be going to prison on May 30, 2012 she informed me that she was unable to do much therapy before I go to prison.” Client submitted to a BAC test and results were positive for alcohol with levels at .100.
This client was offered admission into SCADD's detox program, but client declined. Client admitted to MJ use within the past two weeks, but he did not submit to a drug screen reporting that he was unable to render ․ It was suggested to client that he might benefit from an IP comprehensive mental health and addiction services program to support his needs. Client stated, “I will think about it.” Client's current depressed mood appeared to be situational due to anxiety of potential prison term for lack of child support payments. Client denied any suicidal ideation or plan at this time and this appeared factual at the time of this meeting. Client was unable to maintain any of his established goals.
Client was discharged unsuccessfully from SCADD Anger Management Group ․ Client needs a high level of treatment.
Follow up: It is suggested that client report back to Willimantic DCF for a referral for a comprehensive mental health and addiction services IP [inpatient ] program to support his recovery (excerpts from Petitioner's Exhibit R).
Wilfredo would not enter a comprehensive mental health and addiction services in-patient program so he signed up for another Care Plus out patient program in Groton. Wilfredo was admitted to the Natchaug Hospital Care Plus outpatient program on July 17, 2012. He completed the six-week program on August 24, 2012. He received another Certificate of Completion. (Respondent's Exhibits 5 & 6.)
Wilfredo is good at attending programs but the benefits of his attendance are not readily apparent. These programs are not the intensive inpatient treatment for persons with a dual diagnosis.
He was arrested in December of 2011, for his prior assault on five-year-old Gabriel. His charges included Risk of Injury to a minor and assault. A year later, after successfully attending a Family Violence Education program, three other programs and unsuccessfully completing one (SCADD) program, on December 21, 2012, Wilfredo had another episode of anger and out of control behavior.
New London Police Dept. Incident Report
Accused: Wilfredo M., Jr. DOB 03–01–85 (his parents' address) New London
EVIDENCE: The following items of evidence were seized by Sgt. Potts from the accused person at the scene. I transported these items to the NLPD where they were properly processed and placed into the evidence room.
Item # 1; 3 knives.
NARRATIVE: The accused and victim are currently involved in a dispute over a stolen video game. The accused believes that either the victim or associates of hers have stolen his video game. The police have been involved in that incident prior to this situation.
On 12–21–12 at 1818 hrs. the victim contacted the NLPD to report that the accused was in front of her home at—Jay St. New London, CT. and was threatening her with a knife. Upon arrival Sgt. Potts saw the accused standing in front of the victim's home. Sgt. Potts asked the accused if he had any knives on his person. The accused replied yes, and removed 3 knives from his person and placed then onto Sgt. Potts' vehicle. The accused stated that he had come to the victim's home to retrieve a video game that was stolen from him. The accused admitted yelling at the victim from the street.
I then met with and took a written statement from the victim. The victim stated that the accused believes that she stole his video game, and that it is her home. The victim denies this. The accused wanted the victim to come down to the street to meet him. When the victim refused the accused produced 2 knives from his person. The accused started to waive the knives in the air as he held 1 in each hand. The accused was yelling at the victim and stating that he was going to “Kill Her.” The victim was in fear for her life so she called the police.
The witness was in the victim's home. The witness also was in a window and watched the accused waving the knives in the air and threatening to kill her. The witness, accused, and the victim are each known to each other.
The accused was placed into custody at 1828 hrs. Off. Jaramillo transported the accused to the NLPD. The victim was provided a victim's rights card.
(Excerpts from Petitioner's Exhibit I.)
Wilfredo was arrested for threatening and breach of peace. These charges were disposed of on August 28, 2013, when Wilfredo was sentenced to 6 months in jail, suspended, and one year of probation. He is currently under the scrutiny of Adult Probation.
Respondent's Exhibits 2, 3 and 4, are letters from Care Plus which indicate Wilfredo attended again from June 6, 2013, to July 22, 2013, when he received another Certificate of Completion signed by Sarah Faucher, LPC. Ms. Faucher also prepared a discharge summary.
Discharge Date: 07/22/2013
Program Discharging From
Natchaug Hospital Care Plus Adult Mental Health Intensive Outpatient.
Reason for Discharge
Completed treatment.
Plan for Work or School
Client is unemployed but plans on looking for work. Client also has plans to earn GED.
Community Supports/Leisure Activities
Client enjoys drawing and playing the guitar.
Summary of Care/Treatment Services Provided & Progress toward Goals
Client attended 7 PHP and 14 IOP days of treatment which included 3–4 hours of group therapy/day and medication management. Client was pleasant and cooperative throughout treatment. He was consistently active in group. His main goals for treatment were to increase his sober living skills and to stabilize mood. Client maintained his sobriety once his levels fell from prior marijuana use. He also restarted his psychotropic medications and presented with stable mood.
Diagnosis
AXIS I
Code Description
296.24 Major Depressive Disorder, Single Episode, Severe With Psychotic Features
304.30 Cannabis Dependence
303.90 Alcohol Dependence
AXIS IV
Category
Problems related to social environment
Problems related to interaction with the legal system/crime
Occupational problems
In order to obtain a full assessment of Wilfredo's psychological fitness for assuming child care responsibilities, the agency sought and obtained an order for Wilfredo to attend a psychological evaluation with a court appointed psychologist. The first appointment was scheduled for February 14, 2013. Wilfredo failed to keep the appointment. A second appointment was made for March 11, 2013. Wilfredo failed to keep the appointment. This court finds that Wilfredo has failed to comply with the orders of the court to attend the psychological evaluation. (Testimony of Leslie Spence, DCF social worker and Petitioner's Exhibit E, a memorandum of decision [Dyer, J.] rendered six weeks prior to the present trial on a contested Review of a Permanency Plan.)
Since August 2013, when Wilfredo was placed on probation, he has been attending counseling with social worker Paul Clark at United Community Services in New London. His assessment of Wilfredo is contained in a letter to DCF dated the same day as trial commenced, December 17, 2013:
I realize that Wilfredo's attendance in the past at UCFS has not always been consistent, however, Wilfredo has been compliant with treatment over the past 4 months. Several of Wilfredo's treatment goals and objectives have included: (1) increase ability to manage depression; anxiety; and impulse control (2) identify past impulsive behavior and negative consequences to these actions (3) identify alternatives to destructive anger (4) develop behavioral action plan for DCF court case and trial.
During this episode of treatment Wilfredo's mood has stabilized and he has developed positive coping skills to better handle his emotions including his destructive anger and impulsive behavior. Wilfredo has gained insight and awareness regarding his past, present, and future behaviors and the consequences that directly underlie these behaviors. Wilfredo has made recent progress towards his treatment goals and objectives, although it is my recommendation that he continue with outpatient therapy to continue to further address these identified treatment goals. Below you will find Wilfredo's current multiaxial diagnosis:
AXIS I: Depressive Disorder NOS–311, Generalized Anxiety Disorder–300.2
Impulse–Control Disorder–312.30, H/O Cannabis Dependence–304.30
AXIS II: Deferred–799.9
AXIS III: Heart Murmur–785.2, Knee Problems–V49.5 AXIS IV: Economic problems-AIV.05, Housing problems-AIV.04, Occupational problems-AIV.03, Problems related to interaction with legal system/crime AIV.07, Problems with primary support group-AIV.01
AXIS V: 58 (Global Assessment of Functioning )
As previously indicated, the ground alleged against the father is failure to rehabilitate C.G.S. § 17a–112(j)(3)(B)(i). This ground alleges in the petition as to the father that on February 1, 2012, the children were found to have been neglected or uncared for and the non-consenting father has failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and the needs of the children, he could assume a responsible position in the life of the children. The factual determination for this court is whether the father has achieved rehabilitation as contemplated under C.G.S. § 17a–112(j)(3)(B), that is, rehabilitation sufficient to render him able to care for these two high risk children.
Kaleb and Damen were each born at twenty-seven weeks of gestation with extremely low birth weight. They were both unable to breathe without mechanical ventilation due to poor respiratory efforts. Both had lengthy hospital stays. Their subsequent post-natal care was poor. They were removed from the mother's care seven months later due to significant weight loss and having been diagnosed with Failure to Thrive due to neglect.
The children are presently followed by multiple health care providers and developmental experts. On June 11, 2013, Kaleb attended an appointment at CCMC neonatal Intensive Care unit and was diagnosed with trunk control, receptive language and gross motor skill deficiencies. Special educational recommendations were made. Both children were receiving Birth to Three services. Pages 48, 49, 50 and 51 of Petitioner's Exhibit S relate the multiple medical needs of the children, the appointments and doctors for various problems and the follow up still required. The foster parents are attending to the children's multiple medical, dental and developmental needs.
The twins require a higher than normal level of care, structure, security and attention than children without specialized needs. The children are two and a half years old. They are currently in a legal risk, pre-adoptive home where they are fully bonded to a family that is meeting all their physical and emotional needs.
While the court is aware of the reports from various present service providers, early in this case at SCADD, Wilfredo was diagnosed with serious mental health and substance abuse problems that required intensive in-patient treatment. He declined to go inpatient. Instead, he seeks out programs that only appear to superficially address his multiple needs. He remains diagnosed with major depressive disorder with psychotic features; generalized anxiety disorder, impulse-control disorder, cannabis dependence, alcohol dependence, economic problems, housing problems, occupational problems, problems with social environment, problems with primary support group, and problems with interaction with the legal system and criminal justice system. He has chronically failed to support his many children. He has never served as a primary parent of the children. He is educationally and vocationally limited. He has a major problem with impulse control and anger. He is very marginally able to sustain himself and meet his own needs without the support of his own parents.
In June 2011, he was arrested for throwing a five-year-old unrelated child down the porch steps and then stomping on him. He regularly reports to his counselor's his ongoing fears of going to jail for non-support of his children. He told his counselors that in September 2011, he stopped using marijuana and substituted K2. He has been hospitalized for alcohol poisoning. He reports ten arrests, five suicide attempts. (Exhibit Q.)
On May 9, 2012, the twins were just one year old. Wilfredo reports to “smoking K2, threw things around my home, put the gas burner on and sat in the other room smoking a cigarette.” His father came home found in condition sufficient to have him admitted to the psychiatric ward of the Lawrence and Memorial hospital. Wilfredo wrote a suicide note. (Exhibit R.)
On December 21, 2012, Wilfredo was arrested for breach of peace and threatening a woman in New London whom Wilfredo says stole his video game. Apparently, Wilfredo highly valued the video game since he went to the women's house armed with three knives and threatened to kill her. (Exhibit I.)
In summary, Wilfredo is twenty-eight years of age. He has never been self-sufficient. He resides with his mother, his father, his sister and his sister's child, together with his brother in his parents' home. He does not pay rent to his parents. He is either unemployed or marginally employed tattooing people, although he represents to the court, to only have income from food stamps. He maintains that he is seeking social security disability benefits based on his poor mental health. On all of his visits to see the children, DCF provides a cab for him, as he is without transportation. His visits to the children have been irregular and declining over the past year.
The court would feel uncomfortable placing two very dependent and needy, two-year-old, children with specialized medical needs in the care of Wilfredo given his monumental personal and parental limitations.
Adjudication
The factual determination for this court is whether the father has achieved rehabilitation as contemplated under C.G.S. § 17a–112(j)(3)(B), that is, rehabilitation sufficient to render him able to care for Kaleb and Damen.
In conducting this inquiry, the trial court must analyze the respondent's rehabilitative status as it relates to the needs of the particular child ․ The trial court must also determine whether the prospects for rehabilitation can be realized within a reasonable time given the age and needs of the child ․ [A] trial court's finding that a parent has failed to achieve sufficient rehabilitation will not be overturned unless it is clearly erroneous ․ (Citations omitted; internal quotation marks omitted.) In re Tremaine C., 117 Conn.App. 590, 597, 980 A.2d 330, cert. denied, 294 Conn. 920, 984 A.2d 69 (2009). In re Harlow P., 146 Conn.App. 664, 673 (2013).
The court finds based upon the clear and convincing evidence, that although Wilfredo is presently pursuing counseling, the level of his counseling is wholly insufficient given the severity of Wilfredo's problems and the overwhelming educational, emotional, vocational, and social needs of Wilfredo together with his need to remain abstinate from his long-standing chronic addictions to drugs and alcohol and his inability to control his anger. Given these deficiencies, the prospects for his personal rehabilitation are guarded and the prospects for parental rehabilitation are remote. Certainly, they are not attainable in a reasonable time given the age and needs of these children. The Petitioner has met her burden.
DISPOSITION
As to the dispositional phase of this hearing on the petition for termination of parental rights, the court has considered the evidence and testimony related to circumstances and events up to and including the date upon which the evidence in this matter was completed. During the dispositional phase, the trial court must determine whether termination is in the best interests of the children. In re Eden F., 250 Conn. 674, 689 (1999).
The court makes the following seven written findings:
(1) As to the timeliness, nature and extent of services offered, provided and made available to the parents and the children by an agency to facilitate the reunion of the children with respondent, the court finds that DCF, together with court ordered counseling from the Office of Adult Probation, has made reasonable efforts over the past two and a half years to get Wilfredo to attend necessary and appropriate services. He has declined to enter necessary inpatient treatment and has declined to participate in court ordered psychological evaluation.
(2) As to whether DCF has made reasonable efforts to reunite the family pursuant to the federal Adoption Assistance and Child Welfare Act of 1980, as amended, the court finds that DCF offered appropriate and available services.
(3) As to the extent to which all parties have fulfilled their obligations under the terms of any applicable court order entered into and agreed upon by any individual or agency and the parent, the court finds that specific steps were entered in this case to inform the father of his obligations necessary to obtain a reunification with the twins.
(4) As to the feelings and emotional ties of the children with respect to the children's parents, any guardian of such children's person and any person who has exercised physical care, custody or control of the children for at least one year and with whom the children have developed significant emotional ties, the court finds that the children do not have a parental emotional bond with the biological father. It is noted that when Wilfredo did attend visits with these very young children, for the short period of his visits, all indications are that he was appropriate in a visiting role with the twins. Of course, this is not an over-all assessment of his parental capacity. The children have adjusted very well in the foster home and the foster parents are providing the day-to-day physical, emotional, medical, development, moral and educational support the children need. The foster parents are committed to Kaleb and Damen and would like to adopt them. The previously approved Permanency Plan (Exhibit E, Dyer, J.) has approved termination of parental rights and adoption as the appropriate plan and that adoption is in the best interests of the children.
(5) As to the age of the children, are thirty-two months old. The children's attorney recommends permanency which can only be achieved in this case through termination of the parent's rights.
(6) As to the efforts the parents have made to adjust such parent's circumstances, conduct, or conditions to make it in the best interest of the children to return such children home in the foreseeable future, including, but not limited to, (A) the extent to which the parent has maintained contact with the children as part of an effort to reunite the children with the parent, provided the court may give weight to incidental visitations, communications or contributions, and (B) the maintenance of regular contact or communication with the guardian or other custodian of the children, the court has previously addressed this issue. Giving the father additional time would not likely enable him to adjust his circumstances, conduct or conditions to make it in the best interest of the children to be reunited within a time-frame suitable for the twins.
(7) As to the extent to which a parent has been prevented from maintaining a meaningful relationship with the children by the unreasonable act or conduct of the other parent of the child, or the unreasonable act of any other person or by the economic circumstances of the parent, the court finds no unreasonable conduct by the child protection agency, foster parents or third parties. DCF arranged visitation and provided transportation by public cab to each visit he decided to attend.
With respect to the best interests of the child contemplated by C.G.S. § 17a–112(j)(2), by clear and convincing evidence, and based upon all of the foregoing, the court finds that termination of the parental rights of Erika L. by her consent and Wilfredo M. without his consent, to the children is in the best interest of Damen and Kaleb. Permanency, consistency and stability are crucial for children. These children have specialized needs that would challenge the average parent. The children are now in a foster home where they are very well cared for by foster parents who are fully committed to them.
In finding that termination of the respondents' parental rights would be in the children's best interest, the court has examined multiple relevant factors including the child's interests in sustained growth, development, well-being, stability and continuity of his environment; the length of stay in foster care; the nature of the relationship with foster parents and biological parents; the degree of contact maintained with their biological parents; and their genetic bond to respondents. In re Alexander C., 60 Conn.App. 555, 559, 760 A.2d 532 (2000); In re Shyina B., 58 Conn.App. 159, 167, 752 A.2d 1139 (2000).
ORDER
It is accordingly, ORDERED that the parental rights of Erika L. by her consent and Wilfredo M. without his consent, to the children Kaleb and Damen are hereby terminated. The Commissioner of the Department of Children and Families is hereby appointed the statutory parent for these children.
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 children shall notify in writing the Deputy Chief Clerk of the Superior Court for Juvenile Matters at Willimantic, 81 Columbia Avenue, Willimantic, Ct 06226 of the date when said adoption is finalized.
Judgment may enter accordingly.
Foley, J.T.R.
Foley, Francis J., J.T.R.
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Docket No: W10CP11016095A
Decided: December 26, 2013
Court: Superior Court of Connecticut.
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