In Re Eric H., (Nov. 30, 1990)

1990 Conn. Super. Ct. 3871
CourtConnecticut Superior Court
DecidedNovember 30, 1990
StatusUnpublished

This text of 1990 Conn. Super. Ct. 3871 (In Re Eric H., (Nov. 30, 1990)) 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 Eric H., (Nov. 30, 1990), 1990 Conn. Super. Ct. 3871 (Colo. Ct. App. 1990).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION Nature of Proceeding

Two years after being awarded custody of Eric H., born August 19, 1983, the Department of Children and Youth Services (DCYS) by petition filed April 5, 1990, seeks to terminate the parental rights of Dawn H. and Christopher F., his mother and acknowledged father. The petition alleges, pursuant to subsection (d) of Sec. 17-43a applicable to children previously committed as neglected or uncared-for, the mother's failure to rehabilitate and, as to both parents, the absence of a parent-child relationship with the allowance of further to establish or reestablish such relationship alleged to be detrimental to the child's best interests. On August 23, 1990, the first date of trial, the petitioner by oral amendment added a third nonconsensual ground for terminating the rights of both parents: Abandonment in the statutory sense of a failure to manifest a reasonable degree of interest, concern or responsibility for the child's welfare for a period in excess of one year.

Although at the time of filing the child had been living with his paternal grandmother for more than a year, the address of her son, the child's father, was unknown necessitating notice by publication as provided in subsection (c) of Sec. 45-61d. Christopher F. appeared at none of the ensuing hearings, and no attorney was appointed to represent him. In Re Bobby Jo S., 10 Conn. App. 36 (1987). Dawn, having been personally served, appeared for the initial hearing on May 3, 1990, contested the allegations of the petition, and applied for an attorney pursuant to subsection (b) of Sec. 46b-135. On the petitioner's motion, a psychological evaluation was ordered to be conducted by the same clinical psychologist who had evaluated the family two years earlier at the time of Eric's commitment to DCYS. Because Dawn failed to appear at both scheduled appointments, only Eric and his grandmother had been evaluated at the time trial started on August 23, 1990. On that date, Dawn also failed to appear, although her attorney confirmed that she was aware of the trial date and had assured counsel nine days earlier that she intended be present. Her, attorney's request for a continuance was denied in the absence of either a valid excuse for her nonappearance or any assurance that she would appear on any subsequently scheduled trial day. Since the trial was not concluded on August 23, 1990, however, Dawn's attorney moved to reschedule the appointments with the clinical psychologist, based upon information that Dawn had failed to keep the first appointment because she was hiding from a boyfriend who knew the date and time for the first appointment, found her later that day and shot her, inflicting serious injury. Upon this representation, the motion was granted and appointments were rescheduled for Dawn to be seen CT Page 3872 individually and with her son at two separate times on September 5, 1990. She subsequently failed to appear for either of those appointments, or to notify the evaluator, the court, or her attorney of any reason for her nonappearance. On the continued trial date of October 1, 1990, Dawn again failed to appear. Her attorney represented that she had spoken a few days earlier to Dawn who had again confirmed that she was aware of the trial date and planned to attend. As on the first trial date, no offer of any valid excuse for her nonappearance was made, nor could her attorney guarantee that she would appear at any subsequently scheduled trial date. All parties rested at the conclusion of the second trial date and were given to November 5, 1990 for the submission of trial memoranda and responses thereto.

Facts

Evidence offered in two days of trial, interpreted in the light of the prior court record concerning this child, of which judicial notice is taken, supports the finding of the following facts:

Two weeks after Dawn H. turned 17, she gave birth to Eric H., the first of four out of wedlock children who would be born to her before her 22d birthday. At the age of two, Eric's custody was transferred in the Probate Court from Dawn to her parents after repeated episodes of neglect when in his mother's care: Twice he had been admitted to hospital for overdose of tegretal, a drug prescribed for his seizures; once he had to be hospitalized after falling from a second floor balcony while his mother was supposedly watching him.

Eric entered Headstart in the fall of 1987, at the age of four, and immediately began demonstrating unusually sexualized behaviors. After three months in school, he disclosed both sexual and physical abuse by his maternal grandparents during a period when his mother was also residing in the home. The family was referred for counselling, but nothing more was done to protect the child until March of 1988 when his 16-year old uncle (Dawn's younger brother) reported chronic sexual and physical abuse as well activities involving child pornography in the home on the part of his parents, Eric's legal guardians. DCYS filed neglect petitions, naming the maternal grandparents as respondents, and secured an Order of Testimony Custody on March 14, 1988. During the pendency of that petition, Dawn, her parents and Eric were ordered to be evaluated by a clinical psychologist, Dr. Bruce Freedman, to whom Dawn admitted being aware of, and upset by, the bizarre sexual practices of her parents: Group sexual encounters, entertainment of "swingers", child pornography. CT Page 3873 Although she had known that Eric witnessed these practices, she had agreed to the transfer of his custody to her parents in the Probate Court. She also admitted that she was aware of her father's physical abuse of Eric and the inability of her mildly retarded mother to effectively intervene. (Neglect Proceeding: Report of Dr. Freedman submitted April 15, 1988.) Dawn, however, denied all responsibility either for the earlier neglect of Eric that had led to the transfer of his custody to her parents in 1985, or for the sexual and physical abuse that led to the intervention of DCYS in March of 1988. Although having had two other children whose custody she had never relinquished, she had done nothing to regain Eric's custody notwithstanding her knowledge of the abuse he suffered at the hands of her parents.

Dawn had attended the individual session with Dr. Freedman, but failed to come for an interaction session with Eric despite having been reminded of it 90 minutes before the scheduled time. Although Dr. Freedman had found from his interview with Dawn that she had no strong attachment for Eric, he saw no reason why she should not be able to have short visits with him if she should request to do, so.

Dawn had appeared at the first hearing on the petition alleging neglect by her parents, but she failed to appear on June 16, 1988 when her parents, with the concurrence of her own court appointed counsel acting on her behalf, admitted that Eric had been neglected in then care and agreed that he could be committed to DCYS for an initial period of 18 months pursuant to subsection (d) of Sec. 46n-129. Dawn offered no alternative plan for Eric's case at that time. Expectations were spelled out for the maternal grandparents if they elected to work toward reunification with their grandson. The principal expectation was for their engagement in counselling. No expectations were spelled out for Dawn due to her absence from court on that occasion, but her attorney agreed that a review in court would be requested for this purpose, if and when he succeeded in making contact with her. No such request was ever made and Eric's commitment to DCYS began July 15, 1988, the date the court received the study mandated by subsection (c) of Sec.

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Related

Douglas v. California
372 U.S. 353 (Supreme Court, 1963)
Fredericks v. Reincke
208 A.2d 756 (Supreme Court of Connecticut, 1965)
In re Bobby Jo S.
521 A.2d 219 (Connecticut Appellate Court, 1987)

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Bluebook (online)
1990 Conn. Super. Ct. 3871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-eric-h-nov-30-1990-connsuperct-1990.