In re Eden F.

710 A.2d 771, 48 Conn. App. 290, 1998 Conn. App. LEXIS 151
CourtConnecticut Appellate Court
DecidedApril 7, 1998
DocketAC 16417
StatusPublished
Cited by50 cases

This text of 710 A.2d 771 (In re Eden F.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Eden F., 710 A.2d 771, 48 Conn. App. 290, 1998 Conn. App. LEXIS 151 (Colo. Ct. App. 1998).

Opinion

Opinion

HEALEY, J.

This is an appeal from the decision of the trial court granting petitions to terminate a mother’s parental rights in her two children, Eden and Joann. The department of children and families (department) filed both petitions for termination on the ground that the mother, Ann F., 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 the [children], [she] could assume a responsible position in the [lives] of the [children]” as required by General Statutes (Rev. to 1995) § 17a-112 (b), now § 17a-112 (c).* 1

The following facts are relevant to this appeal. Ann F. was bom in Hartford on February 27, 1959. The [292]*292department of children and youth services (DCYS)2 removed her from her biological parents at the age of three months. She was removed from her home because her mother had been admitted to an inpatient psychiatric care facility. DCYS attempted for six years to reunify her with her mother. When DCYS did reunify them, Ann F. was six years old and spoke only English while her mother spoke Spanish. The reunification failed and Ann F. spent the majority of her childhood in a foster home. In 1975, at the age of fifteen,3 Ann F. was admitted for psychiatric care to Norwich State Hospital (Norwich). Thereafter, she was admitted to Norwich on several more occasions with one stay lasting for more than one year.4 At Norwich, she was diagnosed with “chronic undifferentiated schizophrenia” and other disorders over the years, including bipolar disorder with psychotic features.

[293]*293While at Norwich, Ann F. met and married Thomas F.5 in 1982 and her first child, Eden, was bom on July 2, 1988. Eden is a child with special needs. DCYS removed Eden from Ann F.’s care when Eden was only five days old, due to Ann F.’s psychiatric state. The court granted temporary custody of Eden to DCYS on July 15, 1988. On September 22, 1989, Eden was committed to the commissioner of children and youth services as a neglected child because of the hospital admission of Ann F. On that date, Ann F. signed expectations6 that were accepted by the court. Eden remained in foster care until she was nearly three years old.

Although on January 31, 1991, the court granted DCYS’s petition to extend Eden’s commitment, Eden began living with her mother on February 1,1991. While Eden lived with her mother, DCYS worked with Ann F. and provided a number of services to her. On June 13, 1991, the commissioner of children and youth services filed a petition to revoke Eden’s commitment. The court granted DCYS’s motion to revoke commitment on August 7, 1991.

In 1992, DCYS received four referrals concerning Ann F.’s conduct with Eden, including a report of Ann F.’s yelling, shaking and hitting Eden. Another referral, which was made just prior to the birth of Ann F.’s second child, Joann, on September 8, 1992, was from the Manchester police department on July 16, 1992, alleging that “[t]he mother, Ann F., is a repeated complainant of sexual assault and strange goings on at the home. She claims that Randy M., the father of the child [Joann], sneaks in through the window at about 1:30 a.m. and sexually assaults [her]. ” That report also stated [294]*294that she usually slept through it. It also indicated that “[t]he condition of the apartment is very slovenly with trash and clutter strewn about. The smoke detector was also deactivated due to the removal of the battery.” In a call to DCYS, Ann F. reported that her boyfriend, Randy M., would break into her apartment with seven men who sexually harassed her and performed witchcraft techniques on her.

In March, 1993, DCYS received a referral from the Manchester Memorial Hospital emergency room that Ann F. had walked out of the visitor’s lounge leaving Eden, then age four, to care for Joann, then nearly seven months old. At that time, Ann F. was admitted to the hospital on a physician’s emergency certificate,7 and DCYS invoked a ninety-six hour hold on both children, who have been cared for in the same foster home ever since. Ann F. was transferred from Manchester Hospital to Cedarcrest Regional Hospital (Cedarcrest), where she remained until August, 1993. Upon her discharge from Cedarcrest, she began receiving services from the Manchester Memorial Hospital Outpatient Mental Health Clinic and the Horizons program. Horizons “provides services to the psychologically impaired so they can live independently in the community.” Her case manager, Candace Stone, worked with Ann F. up to the time of trial.

On March 12,1993, DCYS filed a petition seeking the commitment of Eden and Joann. On that date, the court granted an order of temporary custody of both children to DCYS. On October 21, 1993, the court adjudicated Eden and Joann neglected based on Ann F.’s plea of nolo contendere. The court committed the children to the department for the statutory period. Also on that [295]*295date, Ann F. signed, and the court entered, a new set of expectations.

Ann F. was hospitalized three times in 1993 for mental instability. Eden and Joann were taken for weekly visits with Ann F. while she was in Cedarcrest in 1993. Weekly visitation continued after she returned home. Ann F. continued outpatient treatment at the Manchester Memorial Hospital Outpatient Mental Health Clinic. Throughout the remainder of 1993 and into the first six months of 1994, Ann F. stabilized within her limitations and participated in weekly supervised visits with her two children.

On June 1, 1994, the department developed what it called “an extensive plan ... to determine what was in the best interest of [Ann F.’s] children.” This plan was to “give [Ann F.] every opportunity to prove her parenting abilities” and was to be executed through “the Exchange Club,” which would supervise the children’s visits with Ann F. The length of these visits would be increased from one hour to one and one-half hours for seven weeks. If these visits were successful, a series of unsupervised visits could be scheduled.

At a department case status conference on July 26, 1994, the consensus opinion was that “due to Eden’s escalating behaviors” she should be “thoroughly evaluated by Newington Children’s Hospital PEDAL8 medical program,” which evaluation began at the end of August, 1994. On September 4, 1994, in accordance with the Exchange Club recommendation, four weeks of unsupervised visitation began but there was no mechanism to assess these visits since they were unsupervised. On October 8, 1994, four weeks of overnight visitation began, with an emergency telephone line available if Ann F. “needed assistance or had an emergency.” These [296]*296visits again could not be assessed since they were unsupervised. In any event, the children did not show any evidence of physical abuse. In late October, 1994, a decision was made to return Eden to Ann F. on a trial basis for two months to make a final determination of Ann F.’s “capabilities of caring for this child.” The department’s position was: “If this two month trial was successful then strong consideration would be given to returning the youngest child, Joann, home.” In November, 1994, it was decided to put on hold Eden’s return home to Ann F. until Ann F. obtained her own apartment.

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Cite This Page — Counsel Stack

Bluebook (online)
710 A.2d 771, 48 Conn. App. 290, 1998 Conn. App. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-eden-f-connappct-1998.