In re Jennifer W.

• Decision Date: 11 March 2003
• Docket Number: (AC 22665).
• Citation: 75 Conn. App. 485,816 A.2d 697
• Court: Connecticut Court of Appeals
• Parties: IN RE JENNIFER W. ET AL.

75 Conn. App. 485

816 A.2d 697

IN RE JENNIFER W. ET AL.¹

(AC 22665).

Appellate Court of Connecticut.

Argued December 2, 2002.

Officially released March 11, 2003.

Bishop, West and Hennessy, Js. Eugene P. Falco, for the appellant (respondent mother).

Susan T. Pearlman, assistant attorney general, with whom, on the brief, was Richard Blumenthal, attorney general, for the appellee (petitioner).

Opinion

HENNESSY, J.

The respondent mother² appeals from the judgments of the trial court terminating her parental rights with respect to her two minor children. On appeal, the respondent claims that the court improperly (1) violated her right to due process of law pursuant to the fourteenth amendment to the United States constitution and article first, §§ 8 and 10, of the constitution of Connecticut by failing to consider, in the adjudicatory phase of the termination proceedings, her actions after the petitions were filed and (2) determined that she had failed to achieve a sufficient degree of rehabilitation pursuant to General Statutes (Rev. to 1999) § 17a-112 (c) (3) (B), as amended by Public Acts 2000, No. 00-137, § 1, and No. 00-196, § 15, now § 17a-112 (j) (3) (B),³ and, therefore, terminated her parental rights. We affirm the judgments of the trial court.

The following facts and procedural history are relevant to the respondent's appeal. The respondent's first child, a daughter, was born on December 5, 1997. The respondent did not receive prenatal care until two months before the child's birth. The child was born premature and is medically fragile due to bronchial pulmonary disease. The hospital was concerned for the child's well-being as a result of her special needs, the respondent's history of drug use and the possibility that the respondent could not accommodate the child's needs. The family was referred to the newborn high risk unit in the department of children and families (department) in January, 1998, which closely monitors babies who are born to drug addicted parents.

At the time of the department's initial involvement with the family, both parents were referred for substance abuse evaluations, but they resisted. The child was enrolled in a "birth-to-three" program,⁴ and the parents were offered parent aid. In July, 1998, the child was referred to the department by her treating physician because she had a vaginal discharge. The department monitored the family and found that there was ongoing domestic violence in the home and that the respondent continued to use drugs. The respondent was offered treatment for her mental health, domestic violence and substance abuse issues, but she refused to participate. In addition, the respondent was hospitalized for depression and refused treatment services. In April, 1999, another incident of domestic violence occurred, and a restraining order was issued against the child's father.

The respondent's second child, a son, T, was born on July 2, 1999, by the same father while the parents were involved with continuing domestic violence concerns. In August, 1999, T suffered a skull fracture while in the respondent's care. According to a physician's report, the injury was inconsistent with the respondent's account of how it occurred. A report from the treating physician, Frederick B. Berrien, stated: "My major concern is in regard to possible negligence [toward T]. If the child was being appropriately supervised, the [respondent] should have been able to protect the child from the fall or provided a more coherent explanation of the fall." At that time, the respondent again declined support services from the department to address her substance abuse problem.

The respondent's daughter was admitted to a hospital on November 9, 1999, with inflammation and bleeding from the genital region that could have resulted from trauma. Following another report from Berrien stating that a "complete investigation of the possibility of sexual abuse must be undertaken," neglect petitions were filed for both children on November 19, 1999. The children were removed from the respondent's home under an order of temporary custody and, after a hearing, were placed in foster care. The department's petitions stated, inter alia, that both children were neglected in that they were being denied proper care and attention, physically, educationally, emotionally or morally. The petitions also alleged that the children were being permitted to live under conditions, circumstances or associations that were injurious to their well-being and that the children were uncared for in that their home could not provide the specialized care that the physical, emotional or mental condition of the children required. On March 16, 2000, the court found that the children were neglected and uncared for, and committed them to custody of the department.

During the period of commitment to the department, the respondent, despite the department's offer of assistance, continued to refuse to address her mental health, domestic violence and substance abuse problems. On November 7, 2000, the department filed petitions for the termination of the respondent's parental rights with respect to both children. The reasons stated in the department's social study that was filed concurrently with the petitions included the assertion that the "[p]arents have substance abuse, domestic violence, criminal behavior, homelessness, sexual abuse and mental health issues, which they failed to address in order to care for their children" and that the respondent had failed to achieve a sufficient degree of rehabilitation.

In May 2001, the respondent's daughter was placed with a preadoptive foster family that wants to adopt her permanently. She has numerous behavioral problems, including being very oppositional, having tantrums and repeated nightmares, and exhibiting inappropriate sexual behavior. Her preadoptive family has made remarkable progress with the child, but she regresses after visits with the respondent. The court found that the respondent's daughter has bonded with her preadoptive parents and looks to them for support and guidance. T's current placement is with the same preadoptive family, and the family also wants to adopt T. The court found that T has established a strong bond with his preadoptive family.

According to a report prepared by Kelly Rogers, a licensed psychologist, the respondent superficially interacts with her children. Stephen Humphrey, a licensed clinical psychologist, concurred in that assessment of the respondent's relationship with her children and stated that she may have a problem setting appropriate boundaries for her children.

The respondent had a chaotic upbringing due to significant substance abuse issues in her family. She began drinking at an early age and began using illicit drugs at the age of thirteen. She is a polysubstance abuser and her relationship with her children's father is extremely volatile, which has led to numerous domestic violence arrests. According to Rogers, the respondent's "embitterment is sometimes sufficient to generate clinically significant depression and anxiety, and a diagnosis of depressive disorder, [not otherwise specified], appears appropriate. Borderline and antisocial personality disorders were also indicated." According to a report by Robert Fox, a psychiatrist who treated the respondent following a suicide attempt, she suffers from bipolar disorder.

The court found that the respondent has not significantly addressed the severity of her personality disorder and drops out of rehabilitative programs before completion. Her visitation with her children is inconsistent, and she threatened to kill a department worker if her parental rights were terminated. She also has been arrested on numerous criminal charges, including burglary, robbery, larceny, assault and possession of narcotics. The respondent minimizes her failures by blaming the department for her stress and characterizes the department as unreasonable in its demands. On August 6, 2001, the hearing on the termination of parental rights began, and testimony was heard over a period of three days. On December 7, 2001, the court filed its memorandum of decision in which it found by clear and convincing evidence that the department had made reasonable efforts to reunify the respondent with her children pursuant to § 17a-112 (c), now (j). The court also found by clear and convincing evidence that the respondent had "failed to rehabilitate to such degree as would encourage the belief, that within a reasonable time, considering the age and needs of [the children], that she could assume a responsible position in [her children's lives]" pursuant to § 17a-112 (c) (3) (B), now (j) (3) (B).

The court found that the respondent did not fully participate in counseling and, according to Humphrey, her "involvement with her children seemed largely superficial and contrived." According to the court, the respondent's primary problems are her impulsivity, poor judgment, oppositional behavior, drug use and her tendency to blame others for her problems. The court also found that "there is a clear risk that her impulsive, oppositional functioning will continue to prolong her chaotic lifestyle and to delay indefinitely the return of the children to her."

After finding that the allegations of the petitions were proven by clear and convincing evidence, the court then determined whether termination was in the best interests of the children. See In re Roshawn R., 51 Conn. App. 44, 52, 720 A.2d 1112 (1998). The court then considered the seven statutory factors and made written findings. See General Statutes (Rev. to 1999) § 17a-112 (d), as amended by Public Acts 2000, No. 00-137, § 1, now § 17a-112 (k);⁵ see also In re Tabitha P., 39 Conn. App. 353, 360, 664 A.2d 1168 (1995). Included in those findings, the court wrote that the respondent failed to engage in the services provided by the department and did not fulfill the specific...