In Re Axavian F., (Dec. 19, 2000)

2000 Conn. Super. Ct. 16034
CourtConnecticut Superior Court
DecidedDecember 19, 2000
StatusUnpublished

This text of 2000 Conn. Super. Ct. 16034 (In Re Axavian F., (Dec. 19, 2000)) 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 Re Axavian F., (Dec. 19, 2000), 2000 Conn. Super. Ct. 16034 (Colo. Ct. App. 2000).

Opinion

Adjudicatory Decision
This case is a petition brought by the Commissioner of the Department of Children and Families (DCF) to terminate the parental rights of Ms. Rosa R. and Mr. Craig F., who are the biological parents of two minor children, eight-year-old Axavian (born September 23, 1992) and six-year-old Tiffany (born March 1, 1994). The court finds that both parents were served with the petitions and have appeared through counsel. There are no other actions pending regarding custody of these children.

The court heard evidence in this case on September 11 through 13, 2000. On November 13, 2000, counsel for the minor child moved to re-open the trial and permit additional evidence as to the current status, placement and best interests of the children. After argument on that motion on December 21, 2000, the court granted the motion; bifurcated this trial into separate adjudicatory and disposition phases; notified the parties that it had determined that the petitioner had proven the adjudicatory grounds as to each parent by clear and convincing evidence and would issue a written memorandum to that effect shortly; and re-opened the evidence as to disposition. For the reasons stated below, the court finds that the petitioner has proven, by clear and convincing evidence, the adjudicatory grounds pleaded in the petition as to each respondent parent.

I — Factual Background
On June 14, 1995, DCF filed neglect petitions alleging that Axavian and Tiffany were neglected and had been abandoned in that they had been denied proper care and attention and permitted to live under conditions, circumstances or associations injurious to their well-being. An affidavit of a DCF social worker attached to the neglect petition averred that Ms. CT Page 16035 R. had alcohol and substance abuse problems and had not complied with promises she had made to seek and complete substance abuse treatment and that the respondent father, Mr. F. was incarcerated in New York State. One month later, on July 21, 1995, the court adjudicated the children neglected and committed them to the care and custody of DCF for a period of eighteen months. The court also adopted specific Expectations ordering, inter alia. Ms. R. to undergo a drug/alcohol evaluation and follow its recommendations. (Petitioner's Exhibit 2.) On November 27, 1996, the court granted the Commissioner's petition to revoke the commitment and return the children to Ms. R. as she "has cooperated with the Department . . . and has successfully completed drug treatment." The court approved an order of protective supervision for three months, which the court later extended until May 31, 1997.

On April 14, 1997, DCF filed a second neglect petition and also sought an order of temporary custody alleging that Axavian and Tiffany were in immediate danger from their surroundings. An affidavit of a DCF social worker attached to the neglect petition stated that:

• The Department had received an anonymous complaint of a domestic incident in which Ms. R. had been intoxicated;

• Ms. R.'s oldest son had reported to a DCF worker investigating the anonymous complaint that his mother had a bad drinking problem and that the son had found hypodermic needles in the bathroom;

• After ascertaining that Ms. R had not followed up on substance abuse treatment recommendations, a DCF worker had gone to Ms. R.'s home, detected a strong odor of alcohol on her breath, and found her children living in unkempt surroundings with inappropriate sleeping arrangements; and

• The children's biological father remained incarcerated in New York.

On May 13, 1997, Ms. R. entered into a "service agreement" with the Department in which she agreed to attend an appointment at the Morris Foundation for a drug and alcohol assessment and to have a random urine and breathalyser screen testing done. (Petitioner's Exhibit 1.) Thereafter, on July 9, 1997, the court again adjudicated the children to be neglected and transferred custody and guardianship of them to the maternal grandmother. CT Page 16036

On April 15, 1998, the Department once again filed a neglect petition and sought an order of temporary custody of the children. Documents accompanying the petition stated that two days earlier, on April 13, 1998, the maternal grandmother had brought the children to DCF and reported "she was unable to manage the children anymore." (Statement of Facts Substantiating Allegations of Neglect/Uncared For, attached to Petition of 4/15/98.) At a court hearing on April 22, 1998, the court (Holden, J.) sustained the OTC with the consent of the respondent mother. The court docket sheet also reflects that Ms. R. reported to the court that Mr. F. was identified as the biological father on the birth certificates of Axavian and Tiffany and the court determined him to be their legal father. Counsel for the father represented to the court that Mr. F. remained incarcerated in New York.

On April 22 and then again on May 18, 1998, the court (Holden, J.) entered following specific steps and expectations to facilitate return of the children to Ms. R. among which were the following:

• Visit the children as often as DCF permits;

• Participate in parenting, individual, and drug and alcohol counseling;

• Undergo a drug and alcohol assessment and follow any resulting treatment recommendations;

• Secure and maintain adequate housing and income;

• No substance abuse

• No involvement with the criminal justice system.

(Petitioner's Exhibits 2 and 4.)

Thereafter, on July 26, 1999, the Commissioner filed petitions to terminate the respondents' parental rights. As grounds to terminate the parental rights of the respondent mother, Ms. Rosa R., the petition alleged that each child

has been found in a prior proceeding to have been neglected or uncared for and the mother . . . has . . . 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 child/youth, he/she/they could assume a responsible position in the life of the child/youth

CT Page 16037

The petition alleged that the respondent father. Mr. Craig F., had abandoned his two children.

II — Reunification
In order to terminate parental rights, DCF must initially show by clear and convincing evidence that DCF "has made reasonable efforts to locate the parent and to reunify the child with the parent, unless the court finds in this proceeding that the parent is unable or unwilliness to benefit from reunification efforts." General Statutes § 17a-112 (c)(1).2 "[R]easonable efforts means doing everything reasonable, not everything possible . . . ." In re Tabitha T., 51 Conn. App. 595, 600,722 A.2d 1232 (1999); In re Antonio M., 56 Conn. App. 534 (2000). "[R]easonableness is an objective standard . . . and whether reasonable efforts have been proven depends on the careful consideration of the circumstances of each individual case." (Internal quotation marks omitted.) In re Hector L., 53 Conn. App. 359, 372, 730 A.2d 106

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Bluebook (online)
2000 Conn. Super. Ct. 16034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-axavian-f-dec-19-2000-connsuperct-2000.