In Interest of Marcus M., (Dec. 21, 1999)

1999 Conn. Super. Ct. 16274
CourtConnecticut Superior Court
DecidedDecember 21, 1999
StatusUnpublished

This text of 1999 Conn. Super. Ct. 16274 (In Interest of Marcus M., (Dec. 21, 1999)) 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 Marcus M., (Dec. 21, 1999), 1999 Conn. Super. Ct. 16274 (Colo. Ct. App. 1999).

Opinion

Memorandum of Decision
On May 21, 1998, the Department of Children and Families (DCF) filed a petition to terminate the parental rights of Jaime P. and Terri M. to Marcus M, a minor boy. On August 31, 1999, DCF filed a revised termination petition substituting Matthew M. for Jaime P. as the father.2 On November 22, 1999, Matthew M. consented to the termination of his parental rights. On November 22, 23, 24, and 29, 1999, trial of the termination petition against the mother, Terri M., took place in this court. For the reasons stated below, the court now grants the termination petition in its entirety.

FACTS

The court finds the following facts and credits the following evidence.

A. The Mother

Marcus was born on November 2, 1994. His birth certificate contains no name for a father. The mother initially named two other men as the father before naming Matthew M. The mother, who is now almost twenty-three, comes from a dysfunctional family with a history of substance abuse, domestic violence, and criminal activity. DCF first became involved in the case in January, 1997 due to reports of substance abuse and poor parenting by the mother. DCF referred the mother to drug treatment and parenting classes, and arranged for a parent aide, but the mother never followed through.

On August 6, 1997, DCF and the mother entered into a service agreement that called for DCF to provide appropriate services to the mother and Marcus and for the mother to cooperate fully with DCF. The mother continued to be noncompliant with the recommended services. The mother was essentially homeless, living with Marcus at relatives' homes, a hotel, and a friend's house. Contrary to the service agreement, the mother left Marcus in the care of her maternal aunt, who was ill, and who had a substance abuse history and an extensive criminal record. The mother also broke a verbal commitment to cease living with a boyfriend she identified as Michael W., who, according to the maternal aunt, was dealing drugs.

On September 5, 1997, local police arrested the mother and the boyfriend, whose real name was Michael H. The police had CT Page 16276 conducted a controlled drug buy at the premises from Michael H. and later found the mother in possession of the currency. Police found drugs, a number of firearms, a knife, and several whiskey bottles in the room where Marcus slept and within his probable reach. DCF removed Marcus and obtained an order of temporary custody. Michael H., who had a history of four prior felony convictions, three misdemeanors, a violation of probation, and pending felony charges, was convicted of sale of narcotics and sentenced to fifteen years in prison, suspended after five.

The mother went to jail at the time of her arrest and the court imposed a protective order preventing her from having any contact with Marcus. During the next two months, the mother failed to inquire of DCF about Marcus's well-being. She denied using cocaine, although she admitted prior marijuana use. After a drug test revealed that she had used cocaine in August, 1997, the mother admitted handling her boyfriend's drug inventory but maintained that she did not ingest any cocaine.3 After spending two months in jail, the mother was convicted of risk of injury to a minor and given a suspended sentence and probation.

The court adjudicated Marcus neglected on November 17, 1997 and set expectations for the mother to meet. Beginning in February, 1998, the DCF case worker sent the mother a series of approximately twenty-eight letters, and made additional phone calls, reminding the mother of her obligations and appointments and offering the mother transportation, and other assistance. The letters reveal the continued willingness of the case worker to work with the mother and the mother's regular failure to contact the case worker.4

The expectations called for the mother to obtain individual, substance abuse, parenting, and domestic violence counseling. The mother initially agreed with the recommendation of individual counseling because of stress that she was experiencing. She attended an initial evaluation in December, 1977, and was referred to a psychiatrist. In January, 1988, after missing several appointments, the mother met with the psychiatrist, who recommended time-limited psychotherapy. The mother did not follow through. As of September, 1998, the mother still had not completed individual counseling.5

The mother was inconsistent in attending substance abuse counseling from December, 1997 to February, 1998. Her drug tests during this period were negative. After the mother moved to CT Page 16277 another town in February, 1998, DCF referred her to another substance abuse treatment center. Initially, the mother claimed she had never used cocaine and did not see the removal of Marcus from her home as a consequence of drug use. She also stated that she would continue a relationship with Michael H. if DCF would allow it. The mother failed to continue with drug treatment meetings during the spring of 1998. She eventually completed them in October, 1998 and her drug tests remained negative. The mother completed parenting classes in late 1998 or early 1999, but failed to comply with the expectation that she obtain domestic violence counseling.

The court lifted the protective order against the mother in December, 1997. The mother did not request visits with Marcus until February, 1998. The mother failed to keep her attorney informed of her whereabouts during this time period. Between February and June, 1998, the mother attended seven out of eleven scheduled visits with Marcus. Between September, 1997 and June, 1998, the mother failed to provide DCF with any gifts or correspondence to give to Marcus. The mother has generally failed to inquire of DCF concerning Marcus's well-being in his foster home.

Visits have generally taken place on a weekly basis through the present time. The mother canceled approximately fifteen visits and was late for four or five others. During the better weather, the first half of the visit would occur at a park. There Marcus ran around, and one occasion started to wander off, while the mother remained seated at a picnic table, watching Marcus but not following him. During the second half of the visit, and during the visits that took place entirely indoors, Marcus would sit on the mother's lap while she read him a book. Marcus was comfortable with his mother and called her "Mom." The mother was appropriate with Marcus and displayed affection for him, especially at the end of the visit.

On February 14, 1998, the mother gave birth to a boy named Michael, who is named after his father, Michael H. The mother missed three critical medical appointments for Michael. She brought him in on her own to a hospital emergency room and then a hospital clinic, both of which diagnosed Michael with the condition of failure to thrive. The cause of this condition was the baby's lack of caloric intake or, essentially, starvation.6 Michael was admitted to the hospital and DCF took temporary custody of him. DCF eventually filed for CT Page 16278 termination of parental rights. At the time of trial, the termination trial had taken place in a different juvenile court but the court had not yet issued a decision.

Over the course of this case, the mother has not maintained adequate income and housing. She has not held a steady job and, having dropped out of ninth grade, has no apparent job skills.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Juvenile Appeal (84-3)
473 A.2d 795 (Connecticut Appellate Court, 1983)
Bloodgood v. Beecher
35 Conn. 469 (Supreme Court of Connecticut, 1868)
Michaud v. Wawruck
551 A.2d 738 (Supreme Court of Connecticut, 1988)
In re Luis C.
554 A.2d 722 (Supreme Court of Connecticut, 1989)
In re Felicia D.
646 A.2d 862 (Connecticut Appellate Court, 1994)
In re Tabitha
664 A.2d 1168 (Connecticut Appellate Court, 1995)
In re Michael R.
714 A.2d 1279 (Connecticut Appellate Court, 1998)
In re Jessica B.
718 A.2d 997 (Connecticut Appellate Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
1999 Conn. Super. Ct. 16274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-marcus-m-dec-21-1999-connsuperct-1999.