Romance M., In re

• Decision Date: 08 July 1993
• Docket Number: 10568,Nos. 10511,s. 10511
• Citation: 622 A.2d 1047,30 Conn.App. 839
• Court: Connecticut Court of Appeals
• Parties: In re ROMANCE M. * In re JASON M. et al.

Page 1047

622 A.2d 1047

30 Conn.App. 839

In re ROMANCE M. ^*

In re JASON M. et al.

Nos. 10511, 10568.

Appellate Court of Connecticut.

Argued Oct. 1, 1992.

Decided April 6, 1993.

Certification Granted, Limited to the following Issue July 8, 1993.

Benjamin Zivyon, Asst. Atty. Gen., with whom were Dennis Antonacci, Asst. Atty. Gen., and, on the brief, Richard Blumenthal, Atty. Gen., and Susan T. Pearlman and Diane W. Whitney, Asst. Attys. Gen., for appellant-appellee (petitioner).

Kathleen M. Harkins, Mystic, with whom was Ronald Sobieraj, New London, for appellee-appellant (respondent).

Barbara J. Claire, Waterford, for minor children.

Before DUPONT, C.J., and LAVERY and FREDERICK A. FREEDMAN, JJ.

LAVERY, Judge.

These two appeals arise from petitions brought to the trial court by the commissioner of children and youth services (DCYS) to terminate the parental rights of Gail M. as to her four children.

Appeal 10568 is an appeal by Gail M. from the termination of her parental rights with respect to three of her children. Appeal 10511 is an appeal by the commissioner from the trial court's decision not to terminate Gail M.'s parental rights with respect to the child Romance.

We will discuss each appeal separately, but the common factual underpinning to both appeals is the trial court's factual findings concerning Gail M., the mother of the four children. The termination proceedings brought against Gail M. by the commissioner concerning all four children were heard at the same time, and all four petitions were decided by the trial court in one thoughtful and well reasoned memorandum of decision.

On December 1, 1987, the trial court terminated the parental rights of Gail M. as to three of the children because they were found to be neglected and uncared for and because Gail M. had failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the age and needs of each child, she could assume a reasonable position in the life of each child. The trial court found that Romance was a neglected and uncared for child, and committed him to the department of children and youth services (DCYS) for 18 months. The trial court refused to waive the one year period provided in General Statutes (Rev. to 1987) § 17-43a(c), now General Statutes § 17a-112(c), ¹ before a termination proceeding can be brought after adjudication of a child as neglected and uncared for, and, therefore, did not reach the ground alleged for termination of parental rights regarding Romance.

The following essential facts are common to both appeals. Gail M., born on July 5, 1958, is the mother of four sons born between February, 1981, and November, 1988. Gail M. has been an alcoholic since the age of fourteen. She is a high school graduate who attended community college for a period of time. After graduation from high school, Gail M. worked for three years as a clerical aid, and subsequently worked at night at a public library. She has a long history of active alcohol abuse during the lives of all of the children. In August of 1981, she entered a fourteen day inpatient treatment program conducted by SCADD, ² but she left prematurely. She was found at a gas station heavily intoxicated, and had to be returned to the detoxification unit.

In April, 1985, Gail M. asked DCYS to place her children in foster care because she was undergoing stress. She entered Pond House, a psychiatric facility, then returned to the SCADD program and began attending Alcoholics Anonymous (AA). Her children were returned to her in July, 1985. In March, 1986, she again asked DCYS to take her children, and she entered Norwich Hospital because she was experiencing auditory hallucinations. She was diagnosed as schizophrenic, undifferentiated type with alcohol problems. She was released to outpatient care at Lawrence and Memorial Hospital, assigned a psychiatric visiting nurse, and again began going to AA. Her children were returned to her in early 1987. On April 30, 1987, she requested DCYS to place the children in foster care, again citing stress. When the social worker for the agency arrived, she changed her mind and stated that she could handle the children. On the next day, May 1, 1987, she called DCYS and placed the children with the department. Since that date, the three oldest children have been in foster care. On the evening of May 1, 1987, she was taken by the police to Lawrence and Memorial Hospital because she was exhibiting suicidal tendencies, and she was transferred to Norwich Hospital where she received medication and counseling. She was released to outpatient care on June 1, 1987. In July, 1987, she discontinued her outpatient counseling at Lawrence and Memorial Hospital, her medication and her participation in AA. In the same month, she was arrested for fighting. On October 31, 1987, she was admitted to Norwich Hospital due to her drinking and hallucinations.

On November 4, 1987, she was discharged from the hospital because she would not cooperate in the required treatment.

On November 5, 1987, DCYS brought Gail M. to Willie J. Coleman, a psychologist, for a psychological evaluation with her three children; she left during the evaluation. On December 1, 1987, the three children were committed to DCYS by judicial order. Gail M. set up a visitation schedule with her sons' foster mothers. She refused both counseling and medication and was, therefore, denied unsupervised and overnight visitations with her children by DCYS. She agreed in July, 1988, to weekly counseling sessions with James J. Connelly, a psychologist. In August, 1988, Gail M. was allowed to take the three children for an unsupervised visit to a park for the day. In September, 1988, she was allowed to take the children for another unsupervised day visit. In October, 1988, Gail M. and the three children began biweekly family therapy sessions with Connelly. Concurrently, Gail M. continued her weekly sessions with him. In October, 1988, Gail M. informed DCYS that she was pregnant. She was allowed an overnight visit with the three children on November 4, 1988. Gail M. gave birth to Romance on November 11, 1988. On November 18, 1988, Gail M. had an overnight visit with the three older children, and again during the Thanksgiving holiday from November 23 to November 26, 1988.

On December 2, 1988, Gail M. was intoxicated when she arrived to pick up the three older children for the weekend. She had brought Romance with her. Romance was not properly dressed for the winter weather. When Romance's inadequate attire was brought to Gail M.'s attention, she angrily threw the baby to a thirteen year old. Gail M. and the four children were brought by the foster family to Gail M's apartment where she passed out. The police were summoned and Gail M. was arrested. The four children were turned over to DCYS, who then brought the termination and coterminus petitions which are the subject of this appeal.

IN RE JASON M. ET AL.

The respondent first claims that the trial court incorrectly found by clear and convincing evidence that she had failed to achieve such degree of personal rehabilitation as would encourage the belief that within a reasonable time, considering the ages and needs of her children, she could assume a responsible position in their lives. General Statutes (Rev. to 1987) § 17-43a(b)(3), now General Statutes § 17a-112(b)(2). ³ The findings of the trial court will be disturbed only if they are not supported by the evidence and are, in light of the evidence in the whole record, clearly erroneous. In re Luis C., 210 Conn. 157, 166, 554 A.2d 722 (1989). The statute in question requires the trial court to analyze the respondent's rehabilitative status as it relates to the needs of the particular child, and further that such rehabilitation must be foreseeable "within a reasonable time." In re Luis C., supra, at 167, 554 A.2d 722. In this case, the trial court's findings, which are supported by the record, show, in addition to the previously recited facts, that the court had the benefit of testimony from psychologists Robert D. Meier, Coleman, and Connelly, and from Michael A. Nelken, a psychiatrist. The court accepted as factual the following conclusions and recommendation of Meier in his report of July 12, 1989. "It is expected that Gail M. The trial court carefully analyzed and made findings based on substantial evidence in the record of the needs of the three older boys. The findings show that each has deeply rooted problems that require immediate attention, and that the respondent's alcohol addiction is severe, impairing her ability to parent her children and exacerbating her psychiatric problems, and that she would be unable to care for her children in the next several years. We have reviewed the record, transcript, exhibits and briefs and are unable to conclude that the facts found by the trial court as set out in the memorandum of decision are clearly erroneous. We conclude that the trial court considered the relevant statutory criteria and that its findings were supported by clear and convincing evidence pursuant to General Statutes (Rev. to 1987) § 17-43a(b)(3).

                will continue to show periods of relative stability followed by significant deterioration of the kind leading to placement of her children.   The children are likely to experience disruption in their care and environment over the next several years.   The prognosis for mother is very guarded with respect to any significant changes within the next two to three years, although periods of stability may be present."
                

The respondent next claims that the petitioner did not prove by clear and convincing evidence that termination is in the best interest of the children pursuant to General Statutes (Rev. to 1987) § 17-43a(d), now § 17a-112(d). ⁴ The trial court, in its memorandum of decision, made specific findings regarding the six statutory factors necessary in the...