In re Rayna M.

534 A.2d 897, 13 Conn. App. 23, 1987 Conn. App. LEXIS 1136
CourtConnecticut Appellate Court
DecidedDecember 15, 1987
Docket5612
StatusPublished
Cited by173 cases

This text of 534 A.2d 897 (In re Rayna M.) 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 Rayna M., 534 A.2d 897, 13 Conn. App. 23, 1987 Conn. App. LEXIS 1136 (Colo. Ct. App. 1987).

Opinion

Bieluch, J.

This appeal involves three separate petitions to terminate the parental rights of the parents of three children, brought pursuant to General Statutes § 17-43a1 by the commissioner of the department [25]*25of children and youth services (hereinafter DCYS). The three petitions were considered jointly by the trial court. DCYS appeals from that court’s denial of the petitions. We find error.

The three petitions filed by DCYS on February 27, 1986 sought to terminate the parental rights of Kathie M., the mother of Rayna M., a daughter aged seven [26]*26at the time the petitions were filed, Cheyanne K., a daughter aged six, and Brandon K., also known as Brandon M., a son aged two. The petitions pertaining to the girls also sought to terminate the parental rights of their father, Dewayne Me. The petition on Brandon’s behalf also sought to terminate the parental rights of his father, David M.2 These three petitions alleged essentially identical grounds for the termination of the respondents’ parental rights as set out in General Statutes § 17-43a (b).3 Because Dewayne had consented in writing to the termination of his parental rights with respect to his daughter Rayna, the petition filed on her behalf contained allegations only as to Kathie, her mother. The relevant allegations of each petition being pursued on this appeal were that for not less than one year the parents (1) abandoned each child in the sense that they failed to maintain a reasonable degree of interest, concern or responsibility as to the child’s welfare, (2) 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, who were each previously adjudged neglected or uncared for, the parents could assume a reasonable position in each child’s life, and (3) had no ongoing parent-child relationship, defined as the relationship that ordinarily develops as a result of a parent having met on a day to day basis the physical, emotional, moral, and educational needs of a child and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the child.

[27]*27The state filed with its petitions a termination of parental rights study pursuant to General Statutes § 45-61f (e).4 The court considered the history of the respondents and children revealed by this study, as well as information contained in various status reports and DCYS files on each child. Rayna was born on September 9,1978, in Meriden; her sister, Cheyanne, was born on September 5,1979, in New Haven. The girls are the second and third children of Kathie; an older daughter, Miranda, was born to Kathie on August 6, 1976, and was subsequently adopted. Rayna and Cheyanne are, respectively, the first and second children of Kathie and Dewayne. Both girls have spent much of their young lives in the care of persons other than their parents. Rayna has spent approximately one year in her mother’s care and only a few months in the care of her father. For the rest of her life, Rayna has been taken care of by relatives or has been in the custody of the state in a series of varied state supervised foster care facilities and institutions. Cheyanne has spent approximately four years with her mother and eight months with her father. The balance of her life has been spent in the care of relatives, friends and under the supervision of DCYS in foster care homes.

On December 5,1982, Rayna was adjudged neglected and was committed to the care and custody of DCYS. In December, 1984, Cheyanne was found to be abandoned by her mother and was committed to the guardianship of DCYS.

[28]*28At the time of Rayna’s commitment in 1982, DCYS presented Kathie with expectations regarding her behavior which would be monitored and assessed by DCYS to determine her level of commitment to the ability to have the child returned to her care. These expectations, which were also the bases for the subsequent evaluations of Kathie regarding her daughter Cheyanne and son Brandon, were as follows: (1) maintain regular contact with DCYS; (2) visit each child as often as DCYS permits; (3) participate in counseling; (4) procure adequate housing; and (5) resolve marital problems with David, her husband at the time.

Kathie met none of these expectations. Away from the state for long periods of time while allegedly driving trucks or accompanying a truck driver friend, her contact with DCYS was sporadic, and her communications or visits with her children were random at best. Kathie stopped participating in counseling in October, 1983, and her relationship with her husband remained unstable. Kathie left the state in April, 1985, to live in Arkansas with a boyfriend but, as of the date the termination petitions were filed, had apparently not divorced David, her husband. Prior to the filing of the termination petitions, Kathie had expressed a desire to have her children come to Arkansas to live with her and her boyfriend. DCYS initiated a home study through the Interstate Compact and it was discovered that this Arkansas home was no longer existing as Kathie and her boyfriend had separated and she was about to move.

The girls’ father, Dewayne, had provided no financial support for the care of his daughters, and had had no contact with DCYS regarding their well being from June, 1981, until August, 1984, when he contacted DCYS and requested that both girls be allowed to live with him, his wife Peggy Me., and their two children in New Hampshire. In December, 1984, Cheyanne, who [29]*29was under the guardianship of DCYS, went to live with her father and his family; Rayna joined her younger sister in March, 1985. This was not a successful placement for either child. Rayna returned to Connecticut on June 29, 1985; on July 11, 1985, Dewayne signed and acknowledged a statutory written consent to the termination of his parental rights with respect to this child. Cheyanne returned to Connecticut on August 29, 1985, but no written consent to the termination of his parental rights as to her was executed by him. Dewayne has had no contact with either child since their return to Connecticut.

Brandon was born on August 21, 1983. He is the fourth child of Kathie and the first and only child of the marriage union of Kathie and David. Brandon was placed in a foster home in July, 1984, after he and his half-sister Cheyanne were found living in filthy conditions which were injurious to their well being. At the time, Brandon was in his father’s care and Cheyanne was in the care of a female friend of the family. Kathie was then reportedly on the road, driving a truck. Brandon was committed to DCYS on December 7,1984, for eighteen months. Following Brandon’s commitment to DCYS, David expressed a desire to make a home for his son. He was given a list of DCYS expectations and a DCYS worker began to work with him towards reunification with his son. After a hopeful start, David eventually stopped visiting Brandon at the foster home and never found adequate housing for his son. David has not seen his son since September, 1985, nor has he called either the foster home or the DCYS caseworker to inquire about the child’s well being.

At the time the termination petitions were filed, on February 27,1986, all three children were living in separate foster homes. The family with whom Rayna was placed had indicated a desire to adopt her.

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Bluebook (online)
534 A.2d 897, 13 Conn. App. 23, 1987 Conn. App. LEXIS 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rayna-m-connappct-1987.