In re Shannon S.

41 Conn. Supp. 145
CourtConnecticut Superior Court
DecidedJuly 1, 1988
StatusPublished
Cited by1 cases

This text of 41 Conn. Supp. 145 (In re Shannon S.) 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 Shannon S., 41 Conn. Supp. 145 (Colo. Ct. App. 1988).

Opinion

Barnett, J.

By petitions filed on September 18, 1987, the commissioner of the department of children and youth services (DCYS) seeks to terminate the parental rights of Georgiann and Jacob S. in and to their children Shannon and Jacob, Jr., aged four and two and the parental rights of Georgiann S. in and tó her child Louis T. aged eleven. The father of Louis T. is deceased. The three petitions have been brought pursuant to General Statutes § 17-43a, whereby the court has jurisdiction with respect to any child previously committed to DCYS in accordance with General Statutes § 46b-129 (d). Shannon, Jacob, Jr., and Louis were found to be uncared for on September 3,1986, and were committed to DCYS on October 16,1986. Each of the petitions alleges the existence for a period of not less than one year of all four grounds permitted for the non-consensual termination of parental rights by General Statutes § 17-43a (b).

[146]*146I

Before proceeding to the merits of the DCYS allegations, mention should be made of the structure of cases of this nature. A petition to terminate parental rights consists of two phases, adjudicatory and dispositive. Practice Book §§ 1042, 1044, 1049. The two phases, however, do not have to be the subjects of separate hearings. One unified trial, such as occurred in these cases, is permissible. In re Juvenile Appeal (84-AB), 192 Conn. 254, 259, 471 A.2d 1380 (1984).

Although the procedure of one trial is sanctioned, the two phases serve distinctive purposes. In the adjudicatory phase, the court determines the validity of the grounds alleged in each of the three petitions and, hence, is limited to events preceding the filing date of September 18,1987. The dispositive phase is concerned with what action should be taken in the best interest of the child and, as to that phase, the court is entitled to extend its consideration to matters occurring until the end of the trial which, in these cases, was January 28,1988. In re Juvenile Appeal (84-AB), supra, 267 and 267-68 n.14. The dispositive phase is not reached unless the grounds alleged in the adjudicatory phase are proven. On each of the three petitions, the existence of at least one of the statutory grounds for termination must be proved by clear and convincing evidence. General Statutes § 17-43a (b); In re Migdalia M., 6 Conn. App. 194, 208, 504 A.2d 532, cert. denied, 199 Conn. 809, 508 A.2d 770 (1986).

II

At the trial, the court received testimony from Joseph Donroe, the DCYS social worker; Lorraine M., the foster mother of Louis; Nancy G., the foster mother of Shannon and Jacob, Jr.; and Anthony Campagna, a licensed clinical psychologist who performed court-[147]*147ordered evaluations on November 10,13 and 20,1987. Campagna’s report was placed in evidence as an exhibit as was the mandated social study prepared by Donroe. Although Campagna’s examinations occurred after the petitions were filed, the substance of his evaluations were relevant, in many respects, to the adjudicatory issues.

Georgiann did not appear for the trial which was conducted on January 5, 13 and 28, 1988, but she had actual notice of its starting date. At that time, she resided in Maryland. In a telephone conversation with Lorraine M. on January 3, 1988, Georgiann said that she would not appear unless someone came to get her. On all dates of the trial, Jacob was confined to the New Haven Community Correctional Center. His appearance was assured by the issuance of habeas corpus writs. Jacob declined to testify. Practice Book § 1046 (2); see General Statutes § 46b-135 (b). Both parents were represented by the same appointed counsel.

From the testimonial and documentary evidence, the court finds the facts set forth below to be material and relevant to the adjudicatory phase of the three petitions. The number of grounds and the involvement of three children, however, require some further findings of fact that appear in later portions of this memorandum.

The marriage of Georgiann and Jacob has been marked by periods of instability, depression, and alcohol and substance abuse. All three children were already in foster care when the agreed upon uncared-for adjudications were entered on September 3,1986. Louis was placed on November 12,1985, at Georgiann’s request. His present foster home with Lorraine M. is his third placement. Shannon and Jacob, Jr., were placed on February 21, 1986, when Georgiann and Jacob turned to DCYS for help when they were evicted [148]*148from their apartment due to nonpayment of rent. At the commitment hearing on October 3, 1986, neither parent appeared. Notice of their acquiescence to the commitments came from their appointed counsel.

Because Georgiann and Jacob were absent from the commitment hearing, the court was unable to utilize the normal procedure for the setting of expectations. In lieu thereof, the court announced that the parents were to contact DCYS to arrange a service agreement and that the service agreement was to be submitted for the court’s approval by November 16, 1986.

A service agreement of three months duration was not executed until February 11,1987, and was between only Georgiann and DCYS. When the agreement was signed, Jacob was incarcerated in the New Haven Community Correctional Center and had been since December, 1986. DCYS was informed of Jacob’s confinement by Georgiann in February, 1987. Pursuant to the terms of the agreement, Georgiann was (1) to find appropriate housing for herself and the children, (2) to obtain counseling for herself, (3) to maintain weekly telephone contact with the children, (4) to visit with the children every two weeks with DCYS assistance, and (5) to maintain contact with DCYS.

During the existence of the service agreement, Georgiann failed to comply with any of its provisions. She made one visit, on February 17, 1987, to the foster home in Old Lyme where Shannon and Jacob, Jr., resided. On that visit, Louis, Jr., was present, having been brought from his foster home in Naugatuck by Donroe. Georgiann visited Louis one additional time at his foster home on March 3,1987. In 1987, no telephone calls were made by Georgiann to Shannon and Jacob, Jr., and the pattern of her telephone calls to Louis was erratic. After signing the service agreement, Georgiann announced that she would not participate [149]*149in counseling and rejected Donroe’s offer to make arrangements with the Hamden Mental Health Association. Georgiann made no observable effort to obtain housing. Donroe’s suggestions of agencies and organizations that might assist her were ignored. Instead, Georgiann continued to live in the homes of various friends and then moved to Maryland. Georgiann did not keep in contact with DCYS. Donroe learned of her Maryland address only because it was on a card she had sent to Louis.

Between the expiration of the service agreement on May 11,1987, and the filing of the petitions on September 18,1987, Georgiann’s conduct remained unchanged. There were no further visits with Shannon and Jacob, Jr., and no letters, cards or telephone calls were received at their foster home. Georgiann was dissatisfied with the results of her first visit. Jacob, Jr., did not remember her and Shannon said that she did not want to leave the foster home. Contact was maintained with Louis through infrequent telephone calls, a Christmas card and one letter. There was no contact between Georgiann and DCYS.

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Bluebook (online)
41 Conn. Supp. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shannon-s-connsuperct-1988.