In Re Samuel G., (Jan. 11, 1996)

1996 Conn. Super. Ct. 1267-LLL
CourtConnecticut Superior Court
DecidedJanuary 11, 1996
StatusUnpublished

This text of 1996 Conn. Super. Ct. 1267-LLL (In Re Samuel G., (Jan. 11, 1996)) 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 Samuel G., (Jan. 11, 1996), 1996 Conn. Super. Ct. 1267-LLL (Colo. Ct. App. 1996).

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION Nature of Proceedings

On 10/19/94, nearly three years after being placed in foster care at the age of 18 months, Samuel G., Jr., born 5/17/90, (Sammy) became the subject of this petition by which the Department of Children and Families (DCF) seeks to terminate the parental rights of his parents, Samuel G. Sr. and Linda G., so that he may be freed for placement in a permanent home. Grounds alleged for such termination, as set forth in Sec. 17a-112 (b) of the Conn. Gen. Stats. (Rev. 1995) applicable to children such as Sammy who were previously committed to the state as neglected or uncared for pursuant to Sec. 46b-129, were CT Page 1267-MMM threefold:

(1) "The child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility as to the welfare of the child; [and]

(2) the parent of a child who has been found by the superior court to have been neglected or uncared for in a prior proceeding 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, such parent could assume a responsible position in the life of the child; [and]

(3) there is no ongoing parent-child relationship, which means 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 the 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."

At the initial hearing on 11/17/94, both parents, having been personally served, appeared with separate counsel and indicated their opposition to the state's position. The matter was continued to secure an evaluation by the same psychiatrist who had seen the family in March of 1992 following the child's initial removal from home. Evidence was offered in three trial days in July and August of 1995 and the parties given to 9/19/95 for the filing of trial memoranda.

Facts

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

1. Prior to commitment (12/22/92)

Sammy was born in May of 1990, the same month his parents were married. This was the first marriage of his father, who CT Page 1267-NNN turned 50 years old the following month, and the third marriage of his mother who had had another son during her first marriage 13 years earlier, That child was no longer in her custody at the time of Sammy's birth. The mother, who had long been employed driving 18-wheel tractor-trailers across the country, had held a variety of other jobs and had been incarcerated for brief periods on a number of occasions. In September of 1991 Linda left the home following the first referral of this child to the Department of Children and Youth Services (the then counterpart to DCF) resulting from an episode of domestic violence involving the police. Sammy was not placed in foster care, however, until two months later following his father's arrest for risk of injury after twice leaving the child unattended — once in his parked car while he was in a nearby bar; once in a crib in the family apartment, alone but for a shotgun in the crib beside him, while his father returned to the bar. The circumstances that led to the child's commitment to DCF on 12/22/92, following an extensive trial necessitated by the father's persistent denial of any dereliction of parental responsibility, are set forth in detail in the court's memorandum of decision of that date (Mulcahy, J.) appended hereto as Appendix A. Linda, who was incarcerated at the time of the incidents, entered a nolo plea to the allegations of neglect. The same circumstances that resulted in the commitment of the child subsequently resulted in the conviction of Samuel Sr. for risk of injury, affirmed on appeal. State v. George,37 Conn. App. 388 (1995).

A psychiatric evaluation conducted by Dr. Richard Sadler prior to commitment had highlighted some of the family's problems that needed to be addressed before reunification could be considered: Linda's frequent absences from the child, due to her periodic incarcerations and employment requirements, and her chronic abuse of alcohol; the father's ". . . major emotional disorder which has affected his judgment and his thinking abilities". (State's Exh. A, p. 21.) Based upon these, the court spelled out its expectations for reunification. (Appendix A, p. 19-20.)

2. From commitment (12/22/92) to Adjudicatory Date (10/19/94)

Initially Samuel, Sr. was permitted to visit his son at the foster home, but his erratic and bizarre behavior during such visits resulted in DCF requiring all visitation to be supervised. Despite this change, the father continued to visit CT Page 1267-OOO regularly until Christmas of 1993 when, apparently angry because his request for an unsupervised Christmas visit had been denied, he left the office and did not return for subsequent visits for months. At trial he gave bad weather as the only reason for this abrupt cessation of visits. (Testimony of 8/18/95.) Snow was long gone by 5/10/94 when, at a court hearing on the first extension of the child's commitment, the father requested resumption of visits after ". . . my lawyer said you'd better ask for a visit." (Id.) He subsequently requested an administrative hearing which resulted in a recommendation for a clinical evaluation before visits could be resumed. This matter was still pending at the time the termination petition was filed.

During the 22 months between commitment and the adjudicatory date for this petition, Samuel Sr. pursued a variety of parenting and counselling programs. (Testimony of social worker Resnick, and Samuel Sr., 8/18/95, ) None seem to have improved his judgment with regard to his child's safety or to appropriate expectations of a child of Sammy's age and limitations. (Testimony of social worker Resnick, 7/28/95; testimony of social worker Sikora-Kowolik, 8/18/95; state's Exh. C, p. 12-13.) Evidence offered by the respondent father compels the conclusion that his past problems in caring appropriately for his son were not amenable to treatment. See respondent father's Exh. 1, a letter from his therapist at Catholic Family Services which concludes with the statement, "I believe that Mr. G. has tried to the best of his ability to comply with your demands but he is not able to become a different person."

During this same period, Linda continued her longstanding battle with alcohol which, by her own admission (testimony of 8/18/95) had not been successful until March of 1995, five months after the adjudicatory date. These attempts and their apparent lack of sustained success were corroborated by the DCF social worker. (Testimony of social worker Resnick, 7/28/95.) The mother's instability in employment and housing continued, by her own admission, beyond the adjudicatory date to the final day of trial. (Testimony of 8/18/95.) Although she had agreed in a pretrial conference of 8/3/92 to visit as often as DCYS would permit (State's Exh. G), she requested no visits at all for the first seven months of the child's commitment.

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Related

In re Jessica M.
586 A.2d 597 (Supreme Court of Connecticut, 1991)
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662 A.2d 124 (Supreme Court of Connecticut, 1995)
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State v. George
656 A.2d 232 (Connecticut Appellate Court, 1995)

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Bluebook (online)
1996 Conn. Super. Ct. 1267-LLL, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-samuel-g-jan-11-1996-connsuperct-1996.