In re Justin W.
| Decision Date | 19 January 2016 |
| Docket Number | H12CP11014104A,H12CP10013477A |
| Court | Connecticut Superior Court |
| Parties | In re Justin W. [1] In re Destiny W |
UNPUBLISHED OPINION
Justin W., born September 29, 2010, Destiny W., born August 5, 2011 and their parents have long engaged in litigation initiated by the Commissioner of Children and Families (DCF or the department). Justin and Destiny have spent their entire lives in DCF foster care.
The court now addresses the termination of parental rights (TPR) petitions filed by DCF on April 18, 2013 for Destiny as the allegations relate to her mother, the respondent Yashika W and to her father, the respondent Stanley W. The court also addresses the TPR petition filed by DCF on May 14, 2014 for Justin as the allegations relate to his father, Stanley W.[2]
The court has reviewed the verified petitions, as amended in court. The parties had due notice of the proceedings, which do not involve any " Indian child" as that term is used by Practice Book § 32a-3; no claims affecting the children's custody have been shown to be pending elsewhere; and the court has jurisdiction over the matter. Each party has been represented by skilled and experienced counsel, who have filed comprehensive and detailed briefs, as directed, concerning matters of law arose during the course of this TPR litigation.
Finding all allegations based on failure to achieve rehabilitation in favor of the department as to Yashika W. and Stanley W., both TPR petitions are hereby GRANTED.
The following portions of the parties' attenuated child protection litigation history is relevant to the TPR issues.[3] See In re Paul O., 141 Conn.App. 477, 480, 62 A.3d 637, cert. denied, 308 Conn. 933 64 A.3d 332 (2013); In re Tremaine C., 117 Conn.App 521, 597, 980 A.2d 317, cert. denied, 294 Conn. 920, 984 A.2d 69 (2009).[4]
On July 23, 2009, DCF imposed ninety-six-hour holds and assumed custody of four of Yashika W.'s children: Quandrea B., born December 29, 1998; Tayjanae W., born September 14, 2004; Shadiamond W., born January 13, 2008; and Terran H., born July 7, 2009.[5] The respondent-father, Stanley W., is the father of Shadiamond.
On July 27, 2009, DCF filed ex parte applications for Orders of Temporary Custody (OTCs) for Quandrea, Tayjanae, Shadiamond and Terran. The court (Keller, J.) granted each application, finding that in the custody of Yashika W., each child was in immediate physical danger from the surroundings, that continuation in Yashika W.'s home was contrary to the welfare of each child, that reasonable efforts to prevent removal had been made by the state, and that temporary and custody of each child should be vested in DCF. On that date, DCF also filed neglect petitions for Quandrea, Tayjanae, Shadiamond and Terran, placing alleging that while in the care of Yashika W., each child was being denied proper care and attention, physically, educationally, emotionally or morally, and/or that the child was being permitted to live under conditions, circumstances or associations injurious to his or her well-being. DCF also alleged abuse as to Tayjanae and that she has a condition which is the result of maltreatment such as sexual molestation and/or emotional maltreatment.[6] On July 27, 2009, the court (Keller, J.) issued specific steps requiring Yashika W., among other things, to " [p]articipate in counseling and make progress toward [the following] treatment goals: Mother to gain knowledge regarding the trauma of sexual abuse experienced by Tayjanae . . . Mother to bring the children to all medical appointments." [7] Specific steps also were issued for Stanley W., who was incarcerated at the time. On July 31, 2009, the court (Olear, J.) sustained the OTC for each child, and issued amended steps, with like goals, for Yashika W. The court also issued steps for Stanley W. on that date requiring him, among other things, to undergo a substance abuse evaluation and to have no involvement with the criminal justice system.
On October 26, 2009, Yashika W. signed a plea of no contest to allegations that Quandrea, Shadiamond, Terran and Tayjanae had been exposed to conditions injurious to their well-being, and also that Tayjanae had been abused. On November 10, 2009, the court (Dannehy, J.) adjudicated Quandrea, Shadiamond, Terran and Tayjanae neglected and ordered their commitment to DCF.[8] The court utilized the OTC specific steps as final steps for Yashika W., requiring her, among other things, to " [p]articipate in counseling and make progress toward the identified treatment goals: Mother to gain knowledge and understanding of the trauma of sexual abuse experienced by [Tayjanae] . . . Mother to bring the children to all medical appointments . . . Do not allow Stanley [W.] or anyone convicted of sexual assault to reside in the home or be in the presence of the children . . ." The court similarly reviewed, approved and ordered Stanley W.'s July 31, 2009 OTC specific steps as final steps to facilitate his reunification with Shadiamond.
On July 27, 2010, three years after the children's OTC and neglect petitions had been filed, DCF submitted TPR petitions for Tayjanae, Shadiamond and Terran. As to Yashika W., the TPR petitions alleged, among other things, that: DCF had made reasonable efforts to reunify her with each child; she was unable or unwilling to benefit from reunification efforts; and she had " failed to achieve the degree of personal rehabilitation that would encourage the belief that within a reasonable time, considering the age and needs of the child [, she] could assume a responsible position in the life of the child . . ." As to Stanley W., the father of Shadiamond, the TPR petition alleged, among other things, that: DCF had made reasonable efforts to reunify him with the child; he was unable or unwilling to benefit from reunification efforts; he had statutorily abandoned Shadiamond; he had no ongoing parent-child relationship with Shadiamond; and that he had failed to achieve statutory rehabilitation.[9]
On September 29, 2010, while the TPR petitions for Tayjanae, Shadiamond and Terran were pending, Justin W. was born to Yashika W. and Stanley W.[10] DCF claimed that Yashika W. had limited prenatal care; that Justin was born prematurely; and that the respondent-mother was taking barbiturates prescribed for her migraines. (Social Worker Affidavit, 10/4/10.) On October 4, 2010, the court (Wollenberg, J.) granted DCF's Ex Parte Motion for OTC as to Justin, placing him in the temporary custody of the department. The court issued specific steps requiring the respondent-mother, among other things, to " [t]ake part in counseling and make progress toward the identified treatment goals: Control Anger, Refrain from DV"; to undergo individual therapy and medication management at PATH; and to participate in drug testing, anger management and domestic violence services at Community Health Services (CHS)." Also on October 4, 2010, DCF filed a neglect petition for Justin identifying Yashika W. as a respondent although the identity of the child's father remained an issue.[11]
On October 8, 2010, the court (Keller, J.) sustained Justin's OTC and issued specific steps requiring Yashika W. to, among other things, " [t]ake part in counseling and make progress toward the identified treatment goals [of] safe + nurturing parenting"; cooperate with " HBH or Intercommunity Mental Health for Individual [counseling, and] My People's Clinical Services for parenting"; and " visit child . . . as often as DCF permits."
On June 7, 2011, while the TPR petitions were pending and while the question of Justin's paternity remained unresolved, the court (Frazzini, J.) accepted Yashika W.'s nolo contendere plea; adjudicated the child neglected; ordered Justin's commitment to DCF; and re-issued the October 8, 2010 OTC specific steps as final steps for the respondent-mother as to Justin.[12]
Destiny W. was born to Yashika W. on August 5, 2011, before the start of her sibling's TPR trials. DCF implemented a ninety-six-hour hold for the child on August 6, 2011. On August 10, 2011, the court (Keller, J.) granted DCF's ex parte motion for an OTC, vesting the child's temporary custody in DCF. The court ordered specific steps for both parents.[13] (Ex. 12.) On August 11, 2011, DCF filed a neglect petition alleging that Destiny.
On August 19, 2011, the court (Keller, J.) sustained Destiny's OTC; affirmed the OTC steps as amended that date for Yashika W. and Stanley W.; ordered a paternity test for Stanley W.; and ordered that Stanley W.'s steps were contingent on the outcome of the paternity test. On November 3, 2011, in accordance with laboratory testing, the court (Frazzini, J.) entered a finding that Stanley W. was Destiny's biological father. Accordingly, Stanley W.'s OTC steps for Destiny became effective that date.
On September 23, 2011, DCF filed a TPR petition for Justin naming Yashika W. as the only respondent. The petition alleged, in relevant part, that: DCF had made reasonable efforts to reunify Justin with Yashika W.; the respondent-mother had failed to achieve statutory rehabilitation; and that TPR was in Justin's best interests. On November 10, 2011, DCF filed a second TPR petition for Justin, naming Yashika W., Stanley W. and John Doe as respondents. Allegations as to the respondent-mother repeated those filed on September 23, 2011. As to Stanley W., this TPR petition alleged that: DCF had made reasonable efforts to locate him and to reunify him with Justin; he was unable or unwilling to benefit from reunification efforts; he had abandoned Justin; there was no ongoing parent-child...
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