In re Paul P., No. K09-CP00-008024-A (CT 7/23/2003)

• Decision Date: 23 July 2003
• Docket Number: No. K09-CP00-008024-A,K09-CP00-008024-A
• Court: Connecticut Supreme Court
• Parties: In re Paul P., a child under the age of eighteen years.<SMALL><SUP>1</SUP></SMALL>

Page 1

Unpublished Opinion

In re Paul P., a child under the age of eighteen years.¹

No. K09-CP00-008024-A

Superior Court of Connecticut

Judicial District of Middlesex

Child Protection Session at Middletown

July 23, 2003

MEMORANDUM OF DECISION

RUBINOW, JUDGE.

This memorandum of decision addresses a petition brought to terminate the parental rights (TPR) of Lance P. and April P., the biological parents of Paul P., born May 29, 1992. The Department of Children and Families (DCF or the department) filed the TPR petition at issue on May 24, 2002. As amended, the petition against Lance P. alleges the sole ground of failure to achieve rehabilitation.² As amended, the petition against April P. alleges abandonment and failure to achieve rehabilitation.³ For the reasons stated below, the court finds these matters in favor of the petitioner, and accordingly terminates the respondents' parental rights.

Trial of this highly-contested matter took place on February 3, 4, 5, 6 and 25 and April 1, 2003. The petitioner, the respondent parents and the child were vigorously represented throughout the proceedings.⁴

The Child Protection Session of the Superior Court, Juvenile Matters, has jurisdiction over the pending case. Notice of this proceeding has been provided in accordance with the applicable provisions of the Practice Book. No action is currently pending in any other court affecting custody of Paul.

I. FACTUAL FINDINGS

The Court has thoroughly reviewed the verified petitions, the TPR social study⁵ and addendum, and the multiple other documents submitted in evidence which included transcripts of other court proceedings; court records; psychological reports; curriculum vitae; records of the Department of Public Safety; hospital, school, counseling and psychiatric records; and correspondence from Lance P. The court has also taken judicial notice of orders issued in the respondents' family court litigation. In re Amanda A., 58 Conn.App. 451, 452-53, 755 A.2d 243 (2000); In re Jessica M., 49 Conn.App. 229, 233, 714 A.2d 64 (1998); C. Tait, Connecticut Evidence (3d Ed. 2001) §2.16.5, Judicial Proceedings and Records.

The court has utilized the applicable legal standards in considering this evidence and the testimony of trial witnesses,⁶ who included: the court-appointed psychologist, the child's treating psychologist, the respondent father's family therapist, a DCF social worker, a parenting educator/visitation supervisor, and the foster mother.⁷ Upon deliberation, the court finds that the following facts were proven by clear and convincing evidence at trial:⁸

I.A. EVENTS PRECEDING THE OTC OF NOVEMBER 17, 2000.⁹

April P. was born on April 15, 1968. Of at least average intellectual ability, she has completed the tenth grade, and has worked as a pharmacy technician, as a cashier, and for a security agency. (Exhibits 1, 5.) April P. has also worked delivering pizzas, and has been unemployed. (Exhibit 2.) She married at age eighteen, and gave birth to her first son, Thomas G., on June 21, 1987. This marriage was dissolved in 1989.¹⁰

April P. has a long history of mental illness, and has been diagnosed with Bipolar Disorder and Depression in the past. Her first mental health contact occurred during her pre-teen years; she has and has had sporadic treatment ever since. April P. reports two episodes of psychotherapy some years ago. She saw a psychiatrist in 1996 for depression and anxiety, and received a series of medications. In January 2001, she reported having spent the past eighteen months in consultation with another psychiatrist at a local mental health center (CMH); this psychiatrist prescribed specific medication management for mood stabilization. However, April P. admits that she has never taken all her medication on a regular basis. (Exhibits 5, 9, AA.)

Lance P., the respondent father, was born on October 13, 1963. He is a high school graduate who served in the U.S. Navy. He has worked as a security guard, as a Logistics Project Manager at a casino, as an electrician, and has been unemployed. From 1983 through 1989, Lance P. was married to Melissa C.; there were no children born to that union. (Exhibits 1, 2.)

April P. and Lance P. married in October 1989. They had three sons: Dakota was born June 25, 1991; Paul was born May 29, 1992; and Colton was born December 5, 1994. In 1994, Lance P. was involved in a motor vehicle accident, and sustained a cerebral concussion.¹¹ He has Attention Deficit Disorder, which is treated with medication. DCF became involved with Paul's family in 1995 when he was being cared for by April P. after she and Lance P. had separated. The family's problems were then identified as involving inadequate supervision of Paul and his brothers and April P.'s suspected misuse of prescription medication. (Exhibit 1.) Lance P. reports that he has participated in mental health counseling off and on since 1996.¹² (Exhibits 1, 2.) In December 1996, Lance P. was arrested and charged on a domestic violence matter involving April P. His charges of Risk of Injury to a Minor, Assault in the third degree and Breach of Peace were dismissed when he completed the program of Accelerated Rehabilitation.¹³ (Exhibits 1, 4.)

On March 17, 1997, the court (Potter, J.) adjudicated Paul to be an uncared for child, and ordered him returned to the custody of April P. under protective supervision. (Exhibits 1, 19.) Soon thereafter, Lance P. filed a complaint for dissolution of the respondent parents' marriage. On November 6, 1997, the court (Solomon, J.) awarded pendente lite custody of Paul, Dakota and Colton to Lance P. At that time, Paul began residing with Lance P. and his then-companion, Michelle P.¹⁴ DCF subsequently closed its case, having determined that Paul and his brothers had no need of services while they were in the care of Lance P. (Exhibit 1; Testimony of Christine R.)

The marriage of April P. and Paul P. was dissolved (Gordon, J.) on April 23, 1998 after hearing at the Regional Family Trial Docket. The judgment awarded sole custody of Paul, Dakota and Colton to Lance P. With regard to April P., the court ordered that "[v]isitation is to be supervised. The court order[ed] that there be visitation once a week in a professionally supervised setting" and gave Paul's attorney specific instructions to follow in identifying an appropriate visitation facility. (Exhibit 14.) The court prohibited April P. from having telephone contact with Paul until further order. (Exhibit 14.)

A son, Joel, was born to Lance P. and Michelle P. on May 17, 2000. On November 17, 2000, the court (Driscoll, J) granted DCF's application for an ex parte Order of Temporary Custody (OTC) for Paul, who had reported physical abuse by Michelle P. On November 27, 2000, the court (Driscoll, J.) sustained the OTC upon the agreement of the parties. DCF also submitted a neglect petition for Paul, alleging that the child was being permitted to live under conditions injurious to his well being and that he had been denied proper physical and emotional care and attention. (Exhibit 1; Testimony of Christine R.) Paul was removed from Lance P.'s home and was placed in DCF custody; he has been in foster care ever since. (Exhibits 1, 17.)

I.B. EVENTS FOLLOWING THE OTC OF NOVEMBER 17, 2000.

On November 27, 2000, the court (Driscoll, J.) ordered specific steps for both respondents. Among other things, Lance P. was ordered to cooperate with DCF, to cooperate with evaluations involving Paul, to participate in parenting counseling, to secure and maintain adequate housing and legal income, avoid involvement with the criminal justice system, and to visit Paul as often as DCF permits.¹⁵ (Exhibit 11.) Like steps were imposed for April P., although individual counseling was ordered in lieu of parenting counseling. The steps ordered DCF to "set up visitation" between mother and child. (Exhibit 10.)

On December 7, 2000, Paul P. participated in a court-ordered evaluation performed by Kelly Rogers, Ph.D., a skilled and experienced licensed clinical psychologist.¹⁶ (Exhibit 12.) On January 18, 2001, April P. underwent a court-ordered evaluation by Dr. Rogers. In February 2001, Dr. Rogers advised in writing that "in consideration of the child's emotional health, it is not recommended that the mother have any further visitation."¹⁷ (Exhibit 5.) Dr. Rogers performed court-ordered evaluations of Lance P. and his wife Michelle P. in February 2001, and an interactional evaluation was performed with this couple and Paul. (Exhibits 1, 4.) Based upon the information available to him, in his March 5, 2001 report Dr. Rogers recommended only supervised visitation between Lance P. and Paul.¹⁸ (Exhibit 4.)

On February 1, 2001, DCF amended the neglect petition to reflect the sole allegation that Paul was uncared for in that his home could not provide the specialized care he required. Lance P. submitted a plea of nolo contendere in response to the amended petition, while April P. remained silent. Paul was adjudicated uncared for, and was committed to DCF (Driscoll, J.). Hearing and determination of the dispositional aspect of the neglect case was deferred. (Exhibits 1, 15, 20.)

I.C. EVENTS FOLLOWING THE ADJUDICATION OF FEBRUARY 1, 2001.

Starting in February 2001, at DCF's referral, Lance P. received a course of intensive family preservation (IFP) services from a local child and family agency (CAFAS-SB). In May 2001, Lance P. and Paul commenced visitation supervised by CAFAS-SB staff. As the initial response to the services was positive, DCF requested the commencement of supervised home visits involving the respondent father, Paul, and the remainder of Lance P.'s family. (Exhibit 17; Testimony of Karen C.)

On July 17, 2001, while Lance P. was involved with parenting education services sponsored by CAFAS-SB, DCF filed a neglect petition and obtained an ex parte OTC for Dakota, alleging that he had been physically abused while living at Lance P.'s home.¹⁹ Dakota was removed...