In the Interest of Patricia P., (Jan. 5, 2000)

2000 Conn. Super. Ct. 162
CourtConnecticut Superior Court
DecidedJanuary 5, 2000
StatusUnpublished

This text of 2000 Conn. Super. Ct. 162 (In the Interest of Patricia P., (Jan. 5, 2000)) 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 the Interest of Patricia P., (Jan. 5, 2000), 2000 Conn. Super. Ct. 162 (Colo. Ct. App. 2000).

Opinion

MEMORANDUM OF DECISION
On November 24, 1998, the Department of Children and Families ("DCF"), filed petitions to terminate the parental rights of Tina P., mother of the above-captioned three children; James P., father of Patricia P. and Semaj P.; and Joseph A., Jr., father of Shakoya S. On December 13, 1999, trial concerning the petitions CT Page 163 occurred in this court. For the reasons stated below, the court grants the termination petitions.

FACTS

The court finds the following facts and credits the following evidence.

A. Background of the Case

Shakoya S. was born on April 2, 1992; Patricia P. on June 10, 1993; and Semaj P. on May 2, 1995. On June 25, 1995, neglect petitions were filed concerning these children, and their brother, Joseph A. III. On that date, an order of temporary custody ("OTC") was issued by the Superior Court for Juvenile Matters. At the time, the children's home contained no food and had no gas or electric service. Tina P. stated she had spent her AFDC check on drugs. At the time, Tina P. and James P. were residing with the children. Joseph A., Jr. was listed as whereabout unknown.

Subsequently, on June 30, 1995, after execution by both Tina P. and James P., the court issued Expectations concerning these parents, which specified issues to be addressed by them in order to "improve [their] chances of regaining, or keeping guardianship of [the] child[ren] permanently." Exh. 6. These expectations included: (1) keep all appointments set by or with DCF; (2) keep whereabouts known to DCF and their attorneys; (3) visit the children as often as permitted; (4) participate in drug/alcohol counseling; (5) follow recommendations; (6) sign releases as requested; (7) secure/maintain adequate housing and income; and (8) no substance abuse.

On January 31, 1996, additional court-ordered expectations were put in place for Tina P. and James P. New expectations were added and previously ordered expectations were reiterated. The parents were also to: (9) participate in counseling (parenting and individual); (10) have no further involvement with the criminal justice system; and (11) participate in domestic violence counseling, marital counseling and evaluation.

Six months later, on July 31, 1996, after a neglect adjudication, the children's custody was committed by the court to DCF. Orders of extension of the children's commitments were issued for succeeding years. As of trial, the children had been CT Page 164 in DCF's custody since the OTC, a period of over four years and five months.

At trial, where all parties were represented by counsel, Tina P. did not appear. Joseph A., Jr. and James P. appeared before the court and individually presented their written consents to the termination of their parental rights.2 The court canvassed each father as to their consents and found that they were knowingly and voluntarily made, with the advice of competent counsel. The court accepted each consent.

B. The Mother

Tina P. was born in 1968 in New Haven, Connecticut. While in high school, she gave birth to her first child, a daughter, K. Subsequently, K. was placed in the care of a maternal aunt. Tina P. graduated from high school in 1986. Subsequent to the birth of Joseph A. III in 1988, she became addicted to cocaine. In 1991, her relationship with Joseph A., Jr. ended. Thereafter, she met her husband, James P. Intermittently, Tina P. was employed as a cashier at department stores.

In June, 1998, Tina P. gave birth to another daughter, A., who tested positive for cocaine. An OTC was issued as to this child as well. Exh. 10. From January, 1999 to June, 1999, she worked at a bank. In July, 1999, Tina P. gave birth to another son, James, Jr., who is in her care. As of December, 1999, she was unemployed. She and James P. have not been able to maintain a permanent residence. Recently, they have lived with family members and a friend at different points. James P. was incarcerated from November, 1998 to early August, 1999.

Tina P. has had no contact with Patricia, Shakoya, or Semaj since January, 1999.

C. The Children

Originally, when placed in foster care, Shakoya and Patricia were placed together; Semaj, who was not yet two months old when placed, was in a different foster home. After moving to another foster home, Patricia and Shakoya were placed in a Casey Family Services ("Casey") foster home in August, 1995; Semaj was reunited with them there a few days later. Casey is a private agency with which DCF has a contractual relationship. By the time of trial, the three sisters had been cared for in this home for CT Page 165 four years and four months.

Shakoya, who is now seven years old, is doing well in her foster home. She receives therapy to help her with her behavioral issues and emotional trauma from past family situations. She is bonded to her foster mother. At visits with her birth family, she was openly defiant. According to a psychological evaluation, dated March 2, 1998, prepared by Dr. Bruce Freedman, Shakoya stated she had never lived with Tina P., but loved her. Exh. 3 at 10. At the time of the evaluation, she had not seen her mother in "quite a while." Dr. Freedman described an observed interaction between Tina P. and the children, where her behavior was generally appropriate. Id. at 11.

Shakoya is a very bright and high functioning child. Her school behavior has improved, though it still presents problems. Exh. 9 at 3. She refers to her foster mother as "Mommy". Id. Her guardian ad litem (G.A.L.) reported a "bonded and adjusted relationship" between her and her foster mother. Id.

Patricia has reached age six. She, too receives therapy. She is a happy, active and outgoing child. She was observed to be having some level of academic difficulty, which, according to the foster mother, will be addressed by classroom intervention. Exh. 9 at 2. She views her foster mother as her mother. Her G.A.L. reported that she has "great ability and insight." Id.

Semaj, now age four, was born with a high level of cocaine in her system. She is very bright and active. Id. She is closely bonded to her foster mother, who has cared for her for almost her entire life. She became more and more aggressive during birth family visits. She became angry when her birth mother said she was her mother. Exh. 1 at 21-22. She had no parent-child relationship with either parent even when visits occurred. She did not appear to recognize her biological mother as her mother. She refers to her biological mother as "the fake mother." Exh. 2 at 2.

All of the children have enjoyed the love, care and concern of what has been, for a long time in their lives, a familiar foster setting. They appear to be thriving there, and are intimately attached to each other and their foster mother. Exh. 9 at 2.

The children's foster mother, Sonia, is apparently a model foster mother. The children live with her in a house in a CT Page 166 residential neighborhood. She is employed as a psychiatric nurse. She cares for them, takes them to medical visits, attends to their progress at school and takes them with her when she travels. Recently, she received an award from Casey as a foster mother.

Mr. Coles, the DCF social worker who testified at trial, spoke highly of the positive interaction between the children and their foster mother. She would like to adopt all three children if they are legally available.

D. Efforts Toward Rehabilitation and Reunification

Tina P.

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Bluebook (online)
2000 Conn. Super. Ct. 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-patricia-p-jan-5-2000-connsuperct-2000.