In re Theo W., No. F04-CP01-004958-A (CT 11/2/2005)
| Decision Date | 02 November 2005 |
| Docket Number | No. F04-CP01-004958-A,F04-CP01-004958-A |
| Parties | In re Theo W.<SMALL><SUP>1</SUP></SMALL> Opinion No.: 90855 |
| Court | Connecticut Supreme Court |
This memorandum of decision addresses a termination of parental rights (TPR) petition brought to terminate the parental rights of Deborah B. (Deborah), born 11/29/69, the biological mother, and Theodore W. Sr. (Ted), born 6/5/6, the biological father, of Theodore W. Jr. (Theo), born 2/8/99.2
The court finds the following by clear and convicting evidence:
The history of the file reflects that the Department of Children and Families (DCF) and its predecessor, Department of Children and Youth Services (DCYS),3 have been involved with this family since 1990 for issues including medical neglect, educational neglect, unemployment, chronic domestic violence, failure to rehabilitate, mental health, parenting deficits and Deborah's failure to protect her children from physical and sexual abuse from her significant other, Ted.
On 2/21/91, in Superior Court for Juvenile Matters, 4th District, located in Bridgeport (SCJM), DCYS sought and obtained an Order of Temporary Custody (OTC) for Tanisha B. (Tanisha), DOB: 8/19/88, the daughter of Antonio R. and Deborah. DCYS alleged that Tanisha had suffered both physical abuse and physical neglect. The OTC cited a report from Bridgeport Hospital (BH) which indicated that Tanisha exhibited circular scars consistent with cigarette burns, excematoid diaper rash consistent with prolonged poor hygiene, at least 1 bruise, a lacerated lip and oral ulcers consistent with viral gingivostomatis.
On or about 2/21/91, in SCJM, DCYS also filed a co-terminus petition concerning Tanisha. As to the TPR aspect of the petition, DCYS alleged failure to rehabilitate, acts of comission/omission and no ongoing relationship as to both parents.
On 5/2/91, in SCJM (Dean, J.), custody of Tanisha was transferred to her aunt, Verna B. (Verna).
On 5/1/92, Verna placed Tanisha in foster care, indicating that she could no longer care for the child.
On 7/1/92 in SCJM, DCYS filed another co-terminus petition concerning Tanisha. As to the TPR aspect of the petition, DCYS alleged abandonment, acts of comission/omission and no ongoing relationship as to both parents.
DCYS alleged that Deborah had little contact with her daughter while Verna had guardianship of her. They also alleged that Deborah's problems included housing difficulties, financial mismanagement, a refusal to engage in counseling and a failure to provide basic necessities for her son, Jachim B. (Jachim), DOB: 4/12/90.
On 7/29/92, in SCJM (Brenneman, J.), Tanisha was adjudicated neglected and uncared for and was committed to the custody of the DCYS for a period not to exceed 18 months. The court found that DCYS had made reasonable efforts to prevent or eliminate the need to remove the child from the home, and to make it possible for the child to return home.
On 2/23/93, in SCJM, DCYS filed a TPR petition concerning Tanisha alleging abandonment, failure to rehabilitate, acts of commission/omission and no ongoing relationship as to both parents.
On 5/19/93, in SCJM (Levin, J.), the court terminated Antonio and Deborah's parental rights as to Tanisha on all of the aforementioned grounds.
On 7/25/97, in SCJM (Arnold, J.), DCF sought and obtained an OTC for Jachim, the son of Martin H. and Deborah. DCF alleged that, as a result of Deborah's arrest, Jachim was homeless. The court also found that reasonable efforts to prevent or eliminate the need to remove the child from the home were not possible.
On the same date in SCJM, DCF filed a Neglect/Uncared for petition on behalf of Jachim.
On 1/27/98, in SCJM (Arnold, J.), the court adjudicated Jachim uncared for and returned him to the care and custody of his mother under an order of Protective Supervision (PS) for 6 months.
On 9/1/98, in SCJM (Rogers, J.), the court extended the PS until 11/10/98.
On 11/4/98, in SCJM (Rogers, J.), the court extended the PS until 2/4/99.
On or about 4/16/99, in SCJM (Rogers, J.), DCF sought and obtained an OTC for Jachim. DCF alleged that Jachim was emotionally disturbed, violent and suicidal, and, as a result, had been admitted under a Physician's Emergency Certificate to Yale-New Haven Hospital (YNH) from the Elmcrest-Housatonic Partial Hospitalization Program. They further alleged that Deborah refused to cooperate with any examinations or treatment of Jachim, including administering him psychotropic medication. They further alleged that Jachim made statements indicating that Ted physically abused both him and Deborah, and that Ted used marijuana in the home. Additionally, DCF alleged that Deborah had a past history of non-compliance with Jachim's service providers, including but not limited to, refusing to give Jachim his prescription of Ritalin, which went against medical advice.
YNH indicated that Jachim's symptoms were consistent with Post Traumatic Stress Disorder (PTSD).
On the same date, in SCJM, DCF filed a Neglect/Uncared for petition on behalf of Jachim. On 4/22/99, in SCJM, the OTC was sustained.
On 5/27/99, in SCJM (Rogers, J.), Jachim was adjudicated uncared for and was committed to the custody of DCF for a period not to exceed 12 months. The court found that DCF had made reasonable efforts to prevent or eliminate the need to remove the child from the home.
On 12/13/99, in SCJM (Brenneman, J.), the court denied Deborah's Motion to Revoke Commitment concerning Jachim.
On 3/1/00, in SCJM (Frankel, J.), DCF filed a Motion For An OTC for Daymond W. (Daymond), DOB: 1/6/00. DCF alleged that Daymond, the child of Deborah and John Doe, was admitted to BH on 2/23/00 for Failure to Thrive. DCF alleged that Deborah had failed to bring Daymond, a medically fragile child who had been born prematurely, to his required medical appointments, that she had refused to cooperate with BH and DCF services, and that she demonstrated difficulties in managing Daymond's care, including feeding.
On the same date, in SCJM, DCF filed a Neglect/Uncared for petitions on behalf of both Daymond and Theo.
On 3/2/00, in SCJM (Frankel, J.), the court issued the OTC for Daymond and found that DCF had made reasonable efforts to prevent or eliminate the need to remove the child from the home.
On 3/9/00, in SCJM (Frankel, J.), the OTC was sustained.
On 4/26/00, in SCJM (Frankel, J.), the court extended Jachim's commitment until 5/27/01.
On 5/25/00, in SCJM (Rogers, J.), DCF sought and obtained an OTC for Theo. DCF alleged that Theo's home had no electricity, that Deborah was uncooperative with DCF services and home visits, and that she presented as angry, hostile and volatile. The court found that DCF had made reasonable efforts to prevent or eliminate the need to remove the child from the home. On the same date, in SCJM, DCF filed a Neglect/Uncared for petitions on behalf of Theo.
On 6/6/00, in SCJM (Frankel, J.), the court vacated the OTC as to Theo.
On 6/27/00, in SCJM (Frankel, J.), DCF withdrew the neglect/uncared for petition that had been filed on 3/1/00, as to Theo only.
On 3/29/01, in SCJM (Owens, J.), the court extended the commitment of Jachim until 5/27/02 and found that further efforts to reunify the child with Deborah were not appropriate. The court also approved of the permanency plan (PP), which called for DCF to the file a TPR petition by 4/30/01.
On 5/25/01, in SCJM, DCF filed a TPR petition concerning Jachim alleging abandonment, failure to rehabilitate, acts of comission/omission and no ongoing relationship as to Deborah.
On 6/19/01, in SCJM, DCF filed a neglect/uncared for petition on behalf of Theo.
On 7/17/01, in SCJM (Owens, J.), Deborah appeared with counsel and entered denials as to the neglect/uncared for petition concerning Theo. Ted did not appear, but the court found that he was not properly served, and ordered new service. The court also found that DCF had made reasonable efforts to prevent or eliminate the need to remove the child from the home.
On 7/21/01, in Superior Court for Juvenile Matters-Child Protection Session, located in Middletown (CPS), the court (Lopez, J.), issued its decision terminating the parental rights of John DCF and Deborah as to Daymond.
On 6/6/02, in SCJM (Owens, J.), the court ordered Deborah to sign releases for Theo's medical services records. The court also ordered Deborah to allow Theo's attorney to visit him in her home.
On 8/16/02, in SCJM (Jones, J.), trial was scheduled to commence on the neglect/uncared for petition concerning Theo. Deborah was to represent herself at this trial with the assistance of standby counsel. However, Deborah did not appear, claiming that Theo was ill and that she did not have funds for transportation.
Consequently, the trial was continued until 8/26/02. The court ordered the DCF social worker and the DCF nurse to conduct a home visit that day.
On 8/26/02, in SCJM (Jones, J.), after trial, the court adjudicated Theo a neglected child and placed him under 6 months protective supervision with Deborah. The court issued certain orders to Deborah:
1. Theo was to have a psychological evaluation.
2. Deborah was to attend parenting class.
3. Deborah was to attend domestic violence counseling.
4. All medical releases were to remain in effect during the period of protective supervision.
5. Deborah was to continue to allow DCF reasonable access to her home.
6. Deborah was to sign releases for the School Readiness Program.
7. Deborah was not to go to Probate Court and attempt to transfer guardianship to Theo to any person.
The court found that DCF had made reasonable efforts to prevent or eliminate the need to remove the child from the home.
On 10/31/02, in SCJM (Dennis, J.), the court ordered Deborah to allow Theo to be evaluated by the psychologist without her being present.
On 1/16/03, in...
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