In re Jayla J.
| Decision Date | 22 October 2018 |
| Docket Number | H12CP17017280A |
| Court | Connecticut Superior Court |
| Parties | IN RE JAYLA J. |
UNPUBLISHED OPINION
In accordance with General Statute § 46b-124 and Practice Book § 32a-7, the names of the parties involved in this case are not to be disclosed, and 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.
This matter comes to the court by way of a petition pursuant to Connecticut General Statutes § 45a-715 et seq., filed on March 24, 2017, by Gina M. (Petitioner), the paternal great aunt and temporary guardian of the minor child, in the Hartford Regional Children’s Probate Court, seeking to terminate the parental rights (TPR) of Shariha N. (Mother) and biological father, Matthew M. (Father), of their daughter, Jayla J., born March 4, 2014, and appoint her statutory parent with adoption being contemplated. The petition alleges five statutory grounds as to both Mother and Father: 1) that the child has been abandoned by Mother and Father in the sense that they failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child. General Statutes Section 45a-717(g)(2)(A); 2) the child has been denied by reason of acts by the parents of commission or omission including but not limited to sexual molestation or exploitation, severe physical abuse or a pattern of abuse, the care, guidance or control necessary for his physical, educational, moral or emotional wellbeing. General Statutes Section 45a-717(g)(2)(B); 3) there is no ongoing parent-child relationship which is defined as the relationship that ordinarily develops as a result of a parent having met on a continuing day-to-day basis, the physical, emotional, moral and educational needs of the child and to allow further time for the establishment or reestablishment of the parent-child relationship would be detrimental to the best interests of the child. General Statutes Section 45a-717(g)(2)(C); 4) a child of the parent was found by the Superior Court or Probate Court to have been neglected, abused or uncared for and has been neglected abused or uncared for in a prior proceeding, and such parent has failed to achieve such a degree of personal rehabilitation that, within a reasonable period of time and considering the age and needs of the child, such parent could assume a responsible position in the life of the child. General Statutes Section 45a-717(g)(2)(D)(I); or 5) the child of the parent, who is under the age of seven years is found to be neglected, abused or uncared for and the parent has failed, is unable or unwilling to achieve such a degree of personal rehabilitation as would encourage the belief that within a reasonable period of time, considering the age and needs of the child, such parent could assume a responsible position in the life of the child and such parent’s parental rights of another child were previously terminated pursuant to a petition filed by the Commissioner of Children and Families. General Statutes Section 45a-717(g)(2)(E).
In support of the petition filed with the Probate Court, the petitioner alleges the following in her statement of facts 1) Neither parent has made an effort to see, communicate or otherwise maintain a relationship with the minor child who is now three years of age; 2) neither parent has provided any financial or other support for the minor child since guardianship was awarded to the Petitioner on September 11 2014; [1] 3) the minor child was adjudicated neglected by both parents as of September 11, 2014, the minor child is currently the age of three and neither parent has taken any steps to rehabilitate themselves in the last one year and four months, such that it is no longer in the minor child’s best interest for reunification; 4) Mother has been incarcerated for drug charges, spent time at a half-way/sober house, and is currently living in places unknown to the Petitioner, and has made absolutely no efforts to contact either directly or indirectly, the Petitioner or minor child, and has previously lost custody of a child born before the minor child, yet has taken no steps to allow for reunification with the minor child; 5) Father has made absolutely no effort to maintain contact, either directly or indirectly, with the Petitioner of the minor child, and has previously lost custody of a child born before the minor child, yet has taken no steps to allow for reunification with the minor child; and 6) there is no ongoing parental relationship between the minor child and either parent since September 11, 2014, and the minor child does not know who either parent is at the present time. The Petitioner also alleges that termination of the parental rights of Mother and Father is in Jayla’s best interest. The Petitioner seeks the court to appoint her as the statutory parent of Jayla and to adopt her.
Mother has not appeared for trial and has not made her position known with regard to the termination of parental rights petition. Father objects to the termination of his parental rights and wishes to maintain his current relationship with Jayla pursuant to his motion for visitation. He has represented to the court that he is not seeking custody of Jayla.
On October 30, 2017, Jayla’s attorney made an oral motion to transfer the matter to the Superior Court for Juvenile Matters at Hartford which was granted by the Court on October 31, 2017. Mother and Father appeared at the Hartford Juvenile Court on January 2, 2018 and were advised of their rights. Thereafter, the matter was transferred to the Regional Child Protection Session for trial. Service was confirmed as to Mother and Father. Notice of the petition was found to have been properly made. There is no proceeding in any other court regarding the custody of Jayla nor is there any claim of Native American affiliation. Counsel was appointed for Mother, Father and Jayla.
The Petitioner filed a Motion for Judicial Notice on June 4, 2018, which was granted by the Court on June 6, 2018. The Court also takes judicial notice of the entire court record including the chronology of the proceedings, the filings or submissions of the pleadings, petitions, social studies, statements of facts, affidavits, status reports, evaluations and court orders as well as all prior proceedings and filings with the Superior Court for Juvenile Matters and the Probate Court concerning the minor children of Mother and Father including Shane M., Luis R., and Jayla J., including the following:
1. Decision of the court (Burgdorff, J.) terminating the parental rights of Mother and Father as to their son, Shane M., on April 30, 2013;
2. Decision of the court (Santos, J.) denying Father’s motion to transfer guardianship as to Luis R. on October 23, 2013;
3. Order of the court (Dannehy, J.) finding that Mother voluntarily consented to the termination of her parental rights as to Luis R. on February 19, 2014;
4. Decision of the court (Quinn, J.) terminating the parental rights of Mother and Father as to their son, Luis R., on December 18, 2014;
5. Ex parte motion for order of temporary custody of the minor child, Jayla J., granted by the court (Gilligan, J.) on March 11, 2014, finding that she was in immediate physical danger from her surroundings, that continuation in the home was contrary to her welfare and that her temporary care and custody be vested in DCF;
6. Filing of petition of neglect as to the minor child, Jayla J., on March 11, 2014;
7. Order of the court (Dannehy, J.) dated March 21, 2014 sustaining the order of temporary custody on behalf of the minor child, Jayla J.;
8. Order of the court (Dannehy, J.) on March 21, 2014 approving and ordering preliminary specific steps for Mother[2] in In re Jayla J. ; and
9. Order of the court (Dannehy, J.) on March 21, 2014 approving and ordering preliminary specific steps for Father[3] in In re Jayla J. ;
10. Judgment of the court (Burgdorff, J.) dated May 15, 2014 adjudicating paternity as to the respondent Father as to the minor child, Jayla J.;
11. Order of the court (Dannehy, J.) dated June 17, 2014 granting the Petitioner’s motion to intervene;
12. Decision of the court (Burgdorff, J.) on September 11, 2014 adjudicating Jayla J. neglected and ordering the transfer of her guardianship to the Petitioner.
Jayla J., the child who is the subject of the neglect petition, was born on March 4, 2014. The family has been involved with the Department of Children and Families (DCF) since 2010. The facts surrounding Mother and Father and the care of their three children have been extensively litigated on multiple occasions. As noted above, Mother and Father are the biological parents of two older sons, Shane M., born on May 1, 2010, and Luis R., born on December 20, 2011. Mother’s and Father’s parental rights were terminated as to Shane on April 30, 2013. This court adjudicated Luis as neglected and committed him to the care and custody of DCF on May 9, 2013. Mother consented to the termination of her parental rights as to Luis. Father’s parental rights as to Luis R. were terminated on December 18, 2014.
Jayla has never been in the care of either Mother or Father during the course of her young life. The application for order of temporary custody filed by DCF on behalf of Jayla on March 11, 2014, when she was seven days old was due to concerns regarding Mother’s history of transience and lack of stable housing, Father’s failure to adequately address his mental health and substance abuse issues, and the history of domestic violence between Mother and Father. DCF had reasonable cause to believe that Jayla was in immediate physical danger by...
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