In Interest of David A., (Dec. 18, 1998)

1998 Conn. Super. Ct. 14535
CourtConnecticut Superior Court
DecidedDecember 18, 1998
StatusUnpublished

This text of 1998 Conn. Super. Ct. 14535 (In Interest of David A., (Dec. 18, 1998)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of David A., (Dec. 18, 1998), 1998 Conn. Super. Ct. 14535 (Colo. Ct. App. 1998).

Opinion

MEMORANDUM OF DECISION
On March 23, 1998, the Department of Children and Families, hereafter "DCF", filed petitions for the termination of the parental rights of Laurie G. and David A. to their two children, David, Jr. and Andrew. David is now four and Andrew is three years old. DCF became involved with the family when Laurie and David fought in the home over David's treatment of Laurie's older child, Jesse. After the arrest of the parents, DCF offered in- home services to the parents. Despite the offered services, on April 20, 1995, DCF invoked a ninety six hour hold and then secured an order of temporary custody when David was reported by the Visiting Nurse Association on April 19, 1995 to be a "failure to thrive" baby at age six months, and when he received second CT Page 14536 degree burns on his feet after being left unattended near a home heater on April 20, 1995. His half-brother Jesse was also removed at that time. David's younger brother, Andrew, was born later that year on October 31, 1995. Because the parents had not dealt with their housing, domestic violence and parenting issues, Andrew was removed from the hospital and has never been in the care of either parent.

On June 27, 1996, both David, Jr. and Andrew were adjudicated neglected and committed to the care and custody of DCF. Their commitments have been extended twice since that date. On March 23, 1998, DCF filed the present termination of parental rights petitions, alleging that the children had been abandoned by their parents and that their parents 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 the children, they could assume a responsible position in their lives. Connecticut General Statutes § 17a-112(c)(3)(A) and (B). On December 14, 1998, trial on the petitions commenced. David A. did not attend the trial and was not represented by counsel. Laurie G. also did not attend the trial, although her counsel was hopeful, in view of messages left with his office, that she would attend the next day. The trial continued on December 15, 1998 and Laurie G. failed to attend, although her counsel vigorously contested the petitions. From the evidence presented, the court finds the following facts:

A. FACTS
1. Events in the home prior to the removal of David A.,Jr.

Laurie G., David's mother, was married at age sixteen to Quentin G., the father of her oldest child, Jesse. She remained with her husband only a short period of time and returned to Iowa to live with her own mother. Approximately a year later, she met David A. and in 1994, she and David moved to Connecticut to be with his family. David A., Jr. was born on October 27, 1994 whiIe Laurie and David lived together with David's parents. On February 9, 1995, the police were summoned to the home when David and Laurie had an argument about David's hitting Jesse, then three years old, because Jesse was noisy while eating breakfast. Laurie and David then began hitting and scratching each other and were both arrested. The next day, Trooper Lenda testified, when he went back to the home to check on the child, he could not gain CT Page 14537 access to the house until he summoned backup troopers. David was belligerent and "it took a lot of talking to calm him down." Trooper Lenda stated that David did not like authority and did not want to be told what to do."

Laurie, with the help and encouragement of DCF, spent the next seven days in shelters. She was moved from one shelter to the other when it was discovered that wires in her car were cut. At the second shelter, Laurie left the baby David unattended twice; once on a table top and once in a corner of the room with blankets piled over him. When the shelter workers spoke to her about this, she called David to come and get her, meanwhile divulging the confidential location of the shelter.

The next step DCF took was to enter into a service agreement with Laurie to protect the children.2 While Laurie signed the one presented to her, David refused to sign a service agreement which required him to refrain from using physical discipline with the children. Heather Hurley, the DCF treatment social worker, testified that DCF arranged for intensive family preservation services in the home to assess the parents, to teach them some parenting skills and to begin to deal with their domestic violence. DCF became aware through its discussions with the mother that things were not going well for her in the home, as Laurie received no cooperation from David or the grandparents.

Not only did David A. not like anyone telling him what to do, his entire family did not want DCF involved or visiting the home. The intensive family preservation workers were treated poorly and worked in a hostile environment. Visits were difficult to arrange and only Laurie cooperated. David would not cooperate in any fashion; he was not in the home during the home visits and never agreed to any of the services offered.

A report by the United Community Services worker and her assistant dated April 20, 1998 provides a glimpse into a chaotic and intolerant household, where Laurie and her children occupied rooms in the basement only on sufferance.3 When the social work intern arrived at the home, one of David's sisters was there with three dogs. She yelled at Jesse and called him a "brat." Then she started to yell at Laurie and wanted to know why these people were in her house. She and the grandfather apparently had never been informed about the intensive family preservation services and were very angry about it. After the worker spoke with the grandfather, who yelled at her over the phone, and the CT Page 14538 aunt continued to yell at Laurie, to add insult to injury, one of the dogs bit the worker on the arm. Then Laurie began to yell and curse at the aunt. The baby, David, Jr., whose feet had been badly burned the night before, began to cry uncontrollably and the three year old, Jessie, began to yell at the aunt after she had said more negative things about him.

The day before this home visit and referral finding that both Jesse and David, Jr. were at risk because they were living in an unsafe, chaotic and unnurturing environment, DCF had received a referral from the Visiting Nurse Association about David, Jr. The nurse who visited the home determined that David, then six months old, was a "failure to thrive" baby. He weighed only thirteen pounds. In addition to that referral, the evening of April 19, 1995, David, Jr. was treated in the hospital for second degree burns on his feet, for which his mother gave inconsistent explanations. She stated, according to Ms. Hurley's testimony, that when she was making the bed she placed the baby on the floor and somehow the space heater, which perhaps his brother had turned on, was on and David's feet were in between the prongs on the heater and badly burned. While none of the physicians treating the child concluded that the child was intentionally burned and no determination could be made as to how the injury came about, it was one more element in DCF's awareness of this family's inability to adequately care for the children.

As a result of the parenting concerns and the referrals, DCF invoked a ninety-six hour hold, came to the home with the police and removed both Jesse and David. The DCF worker testified that Laurie was oddly unemotional about it all. She was "more concerned about how the rest of the family would react and whether she would be blamed for it." Ms. Hurley had previously told Laurie that DCF would be filing neglect petitions.

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Bluebook (online)
1998 Conn. Super. Ct. 14535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-david-a-dec-18-1998-connsuperct-1998.