In re Brittany J., No. K09-CP02-008710-A (CT 1/20/2006)

• Court: Connecticut Supreme Court
• Writing for the Court: Carl E. Taylor
• Decision Date: 20 January 2006
• Docket Number: No. K09-CP02-008711-A,No. K09-CP02-008710-A,No. K09-CP02-008712-A,No. K09-CP02-008713-A,K09-CP02-008710-A,K09-CP02-008711-A,K09-CP02-008712-A,K09-CP02-008713-A
• Citation: In re Brittany J., No. K09-CP02-008710-A (CT 1/20/2006), No. K09-CP02-008710-A, No. K09-CP02-008711-A, No. K09-CP02-008712-A (Conn. Jan 20, 2006)
• Parties: In re Brittany J. In re Rayanto S., Jr. In re Tianna S. In re Brianna S.<SUP>1</SUP> Opinion No.: 91848

Page 1

Unpublished Opinion

In re Brittany J. In re Rayanto S., Jr In re Tianna S In re Brianna S.¹ Opinion No.: 91848

No. K09-CP02-008710-A

No. K09-CP02-008711-A

No. K09-CP02-008712-A

No. K09-CP02-008713-A

Superior Court of Connecticut

Judicial District of Middlesex

Child Protection Session at Middletown

January 20, 2006

MEMORANDUM OF DECISION RE TERMINATION OF PARENTAL RIGHTS

CARL E. TAYLOR, JUDGE.

This memorandum of decision addresses termination of parental rights (TPR) petitions brought to terminate the parental rights of Judith J. (Judith), the biological mother of Brittany J. (Brittany), born 8/4/94, Rayanto S., Jr. (Jordan), born 11/11/97, Tianna S. (Tianna), born 10/23/99 and Brianna S. (Brianna), born 10/23/99; Rayanto S., Sr. (Rayanto), the biological father of Jordan, Tianna and Brianna; and Lesmore W. (Lesmore) and John Doe, the putative biological fathers of Brittany.

The court finds the following by clear and convicting evidence:

The history of the file reflects that the Department of Children and Families (DCF) has been involved with this family since 5/02 for issues including physical neglect. Additionally, Judith has prior involvement with the New York Child Protective Services (NYCPS) as a child and as a parent.

NYCPS reported that Judith was a victim of sexual and physical abuse by her stepfather. As a parent, Judith has a NYCPS history involving domestic violence and substance abuse issues.

On 9/10/02, Judith was operating a motor vehicle with Jordan, Tianna and Brianna in it in the town of Salem. At approximately 0845 hours, Judith was involved in a motor vehicle accident when she drove off the road. Judith, who was transported to W.W. Backus Hospital (WWB) for treatment, admitted to Tpr. Seery of the Connecticut State Police that she was involved in the accident as the result of a seizure. Tpr. Seery, who testified at the TPR trial, indicated that Judith admitted that she was unable to get a Ct. operator's license due to her epilepsy. Tpr. Seery's report, which was entered into evidence as a full exhibit, also indicates that Judith admitted that she had not taken her seizure medication that morning, and that she knew she should not be operating a motor vehicle, especially with children in it, due to her epileptic seizures.

Tpr. Seery referred this matter to the Norwich office of DCF.

On 9/10/02, DCF substantiated physical neglect by Judith with regards to all four children, as a result of the accident, and the matter was referred for in-home treatment services.

On 12/10/02, Judith and her children went to Madonna Place, a social services provider frequently used by DCF. Judith spoke to Christine Johnson, a program manager at the facility. Johnson testified that Judith indicated that she "couldn't deal with it anymore" and that she thought of killing herself and her children. Johnson further testified that the Mobile Crisis Team was called, along with the Norwich Police Department. Judith was eventually taken by ambulance to WWB and admitted there, while DCF personnel took custody of the children.

On the same day, DCF invoked a 96-hour hold on the children.

On 12/13/02, in Superior Court for Juvenile Matters, 9th District, located in Waterford (SCJM) (Jongbloed, J.), DCF sought and obtained Orders of Temporary Custody (OTC) for the children. The court found that DCF was unable to make reasonable efforts to prevent or eliminate the need to remove Brittany, Jordan, Tianna and Brianna from the home.

On the same date, in SCJM, DCF filed Neglect Petitions on behalf of the children.

On 12/20/02, in SCJM (Jongbloed, J.), the court sustained the OTCs without prejudice to Judith. The record indicates that none of the respondent parents were present in court. Counsel was appointed for Judith.

On 01/6/03, the Probate Court, (Salafia, J.) committed Judith for involuntary hospitalization.

On 01/9/03, Judith was discharged from WWB and transferred to Natchaug Hospital (NH). She was discharged from NH on 2/4/03.

On 01/23/03, in SCJM (Jongbloed, J.), pro forma denials were entered on Judith's behalf, and the court appointed a Guardian Ad Litem (GAL) for Judith. The record indicates that none of the respondent parents were present in court.

On 4/24/03, in SCJM (Jongbloed, J.), Judith and Rayanto appeared with counsel. Judith entered written nolo contendre pleas as to the neglect allegations, while Rayanto stood silent as to the allegations concerning his children. After canvassing the respondent parents, the court accepted the pleas, and adjudicated the children as neglected. The court returned Brittany and Jordan to Judith under 6 months protective supervision (PS) and vacated the OTCs as to them, while Tianna and Brianna were committed to the care and custody of DCF. The court ordered final specific steps for Judith.

On 4/28/03, in SCJM (Jongbloed, J.), the court found that DCF had made reasonable efforts to prevent or eliminate the need to remove Tianna and Brianna from the home.

On 5/28/03, Judith caused a disturbance at the Norwich office of DCF during a visitation with the twins, in response to a DCF request that she be on time for visitation. This disturbance included Judith's use of profanity in front of the twins and making threats against the life and well-being of DCF personnel. DCF ended the visits.

On 5/30/03, Judith returned to DCF for visitation. DCF had a Mobile Crisis Mental Health worker and Off. Todd Maikshilo of the Norwich Police Department present, but out of sight. During the initial phase of the visit, as a DCF supervisor talked to Judith and explained that her visits at DCF would be supervised as a result of her previous conduct. Judith became profane and verbally abusive. Judith began yelling loudly that she was going to take the children out of the DCF office, saying she would take them anywhere she wanted to, no matter what DCF said. She stated, "No one can stop me, they're my kids and I'm taking them." Judith yelled, "I swear to God if I don't get my kids back today, I'm going to kick your ass."

After DCF personnel were unable to calm Judith, the Mobile Crisis Mental Health worker attempted to calm her, without success. Judith continued to threaten DCF personnel, stated that she would "kill the social worker" and that the social worker "is protected at this time by everybody, but would be alone sometime" and that she "would get her then."

Jordan was in the room for part of Judith's outburst.

Officer Maikshilo then attempted to calm Judith, and instructed her to stop her behavior and threats. Meeting with failure, he then placed her under arrest. Judith attempted to push him, but was physically restrained and handcuffed.

While being processed at the police station, Judith made several statements to Off. Maikshilo. She stated that she hated the DCF social worker, whom she described as "that bitch Roberta,"¹ that there was a conspiracy to keep her away from her children and that she did not want to live.

Norwich Police sent Judith to WWB for a psychiatric assessment.

On the same day, DCF invoked a 96-hour hold on Brittany and Jordan.

On 6/3/03, in SCJM, (Jongbloed, J.), DCF sought and obtained OTCs for Brittany and Jordan. DCF also filed a Motion To Open And Modify Disposition, seeking to modify Brittany and Jordan's PS to a commitment to the care and custody of DCF. The court found that DCF had made reasonable efforts to prevent or eliminate the need to remove the children from the home, and to make it possible for the children to return home.

On 6/13/03, in SCJM, (Jongbloed, J.), the respondent mother and her counsel appeared. The respondent fathers did not appear. Subsequently, the OTCs were transferred to Superior Court for Juvenile Matters-Child Protection Session, located in Middletown (CPS), for trial.

On 6/18/03, in CPS, (Trombley, J.), the OTC hearing commenced. The respondent fathers did not appear.

Prior to the commencement of evidence, DCF filed a Motion To Quash Subpoenas that had been issued by Judith's counsel. The court granted the motion.

On the same date, the court sustained the OTC and ordered that the specific steps issued on 4/24/03 remain in effect. The court also strongly recommended to DCF that a new social worker be assigned to the case, and returned the matter to SCJM.

On 7/16/03, in SCJM, DCF filed a Motion For Psychological Evaluation. On the same date, the court, (Jongbloed, J.), granted the motion by agreement.

On 8/4/03, in CPS, DCF filed a Motion For Transcripts.

On 8/6/03, in CPS, (Trombley, J.), the court granted DCF's Motion For Transcripts.

On 8/7/03, in CPS, counsel for Judith filed an Information Motion: Re Petitioner's Motion For Transcripts. On the same date, the court, (Trombley, J.), granted this motion.

On 10/31/03, in SCJM, DCF filed its Motion to Maintain Commitment (MMC) and its Motion to Review Permanency Plan (MRP) as to Tianna and Brianna. The permanency plan (PP) called for reunification with Judith. The PP also called for findings that further reunification efforts with Judith were appropriate and that further reunification efforts with Rayanto were not appropriate.

On 12/2/03, in SCJM, (Jongbloed, J3, the court granted the MMC as to Tianna and Brianna. The court approved of the PP as to Tianna and Brianna calling for reunification with Judith and indicated that further reunification efforts with both parents were appropriate. The court indicated that DCF had made reasonable efforts to achieve the PP.

On 12/16/03, in SCJM, counsel for Judith filed a Motion To Modify Disposition, seeking to modify Tianna and Brianna's commitment to the care and custody of DCF to PS in the custody of Judith.

On 01/6/04, in SCJM, DCF filed a Motion For Neurological Evaluation of Judith.

On 01/16/04, in SCJM, (Jongbloed, J.), DCF's Motion For Neurological Evaluation of Judith was granted by agreement.

On 4/15/04, in SCJM, (Burke, J.), the court granted DCF's Motion To Open And Modify Disposition, and...