In the Interests of Alissa N., (Jun. 16, 1998)

1998 Conn. Super. Ct. 7047
CourtConnecticut Superior Court
DecidedJune 16, 1998
StatusUnpublished

This text of 1998 Conn. Super. Ct. 7047 (In the Interests of Alissa N., (Jun. 16, 1998)) 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 Interests of Alissa N., (Jun. 16, 1998), 1998 Conn. Super. Ct. 7047 (Colo. Ct. App. 1998).

Opinion

MEMORANDUM OF DECISION
This case involves an application for the termination of the parental rights of Beverly N., known as "Binky" to her daughter, Alissa N., who will soon be thirteen years old. Alissa suffers CT Page 7048 from Down's Syndrome and from a debilitating heart defect. She requires constant and highly specialized care. Alissa's maternal grandmother, Beverly A. Z. N., hereinafter referred to as Beverly, filed this application in the Probate Court on April 8, 1996 pursuant to Connecticut General Statutes § 45a-715, et. seq. Also sought in Probate court was the termination of parental rights of the child's father, Nigel McK. On April 8, 1996, the court granted immediate temporary custody of Alissa to her grandmother, and shortly thereafter granted temporary custody and guardianship to her, pending a hearing on the merits of the case. On February 24, 1997, the probate court terminated the parental rights of Nigel McK., having found he had abandoned the child. (S. Hennessey, J.) This termination order has not been appealed to this court and has become final. On June 10, 1997, the probate court ordered the termination of Binky's parental rights to her daughter, which order was timely appealed pursuant to the statutes to the Superior Court for Juvenile Matters.

This appeal thus presents a trial de novo of the issues presented to the court regarding termination of the mother's rights.2 The application filed by the maternal grandmother, Beverly, alleges that the child was abandoned by her mother and that she had been denied the care, guidance, or control necessary for her physical, educational, moral or emotional well-being as a result of acts of parental commission or omission, pursuant to Connecticut General Statutes § 45a-717(g)(A) and (B). At the commencement of trial, the petitioner moved to amend the application, adding that there was no ongoing parent-child relationship, as had been found by the Probate court. In view of the length of time the allegation had been known to the parties, the court granted the amendment and permitted additional allegations pursuant to CGS § 45a-717(g)(C).

The court finds that the mother has appeared and has a court appointed attorney. The appeal was taken in a timely fashion and in accordance with the statutes. Further, proper notice was served on all parties. The court concludes that it has jurisdiction in this matter and there is no pending action affecting custody of Alissa in any other court.

The court, having heard three days of testimony from the maternal grandmother, the mother, the social worker from the Department of Children and Families, hereafter referred to as "DCF", Karen Brinkman, Dr. Kleinman, the pediatric cardiologist involved with Alissa's present care as well as Attorney Steven CT Page 7049 Ayres, guardian of Alissa's estate and having received three exhibits into evidence, makes the following findings:

Alissa was born on June 10, 1985, the result of a short and abusive relationship Binky had with Nigel McK. She is a Down's Syndrome child and also suffers from Eisenmenger Syndrome, a condition which reduces her life expectancy significantly. Alissa was born with a heart defect, in layman's terms with a hole in her heart, causing pulmonary hypertension and suffers from a wide complex of symptoms, Dr. Kleinman testified. He stated: "such individuals are cyanotic and require careful and regular medical care for their problems. As the disease progresses, iron deficiency can occur, the risk of stroke exists and there can be bone pain, pain in the arms and legs and debilitating headaches." Alissa's disabilities require constant vigilance and supervision; she needs to have oxygen administered during the day in order to function normally. Fortunately for Alissa, her grandmother has been available since her infancy to provide the ongoing care her special medical needs require. While the testimony of her grandmother and her mother differ concerning her early care, both agree that over time during her first year of life, her grandmother began to assume her day-to-day care and responsibility for Alissa's medical condition. The status quo which evolved in Alissa's infancy became the established pattern for Binky, Alissa and Beverly for the years to come.

Binky, when her daughter was born, was barely an adult, just eighteen years old. She lived with her mother, who began to help her with the care of her daughter. Binky testified to how devastated she was to learn about her daughter's condition and health problems. She stated that after the second doctor's visit, she became so depressed with the disturbing diagnosis of her daughter's condition, that she simply could not continue to deal with the child's physicians. She also acknowledged that she was so overwhelmed by her situation and that of her child, that she found it difficult even to hold the infant. She tried to care for her, she testified, and was the primary caretaker for the first six months of the child's life.

Binky was interested in dating and continuing her life as an adolescent, she stated. She became Alissa's primary caretaker, and Binky was happy to let her do so. She also had to make day care arrangements for Alissa when she was an infant as Binky could not be trusted to care for her. CT Page 7050

Except for a period of one and a half years when Binky moved out to live with a boyfriend, all three generations lived together in an apartment from 1985 to 1995. The grandmother devoted her life to Alissa and to the child's educational and medical care needs. Binky participated only tangentially, more as an older sister might, rather than a mother. She would watch Alissa from time to time. She and her mother, starting in 1990, were employed by a local school system, where they each drove school buses. Binky would also see Alissa during the work day, although only her grandmother took Alissa on bus runs. Beverly A.Z.N. made all of the arrangements for Alissa's care, when she could not have the child with her. She, not Binky, provided for Alissa financially.

Alissa's considerable educational needs required much effort by her grandmother to oversee. Alissa needs special education services, due to her cognitive limitations. Beverly A.Z.N. testified to her success in securing Alissa's placement in a regular classroom with a one-on-one aide to help her. Binky, on the other hand, has never participated in the decisions which Alissa's special education needs have necessitated. Binky did testify to her mother's possessiveness when on one occasion Binky received notice of a planned meeting. She stated that she abandoned any desire to attend, because of her mother's attitude. She stated she knew that it affected Alissa when she and her mother fought, so she tried to avoid confrontations. She admitted she was not familiar with the child's teachers and her school progress. She stated that she did not participate in the special education arrangements when all three lived together, leaving it to her mother who was doing a good job with it.

After the first year of Alissa's life, Binky began to take steps to organize her own life. She secured her high school equivalency diploma. Since 1990, she has been employed as a bus driver for a school system, where she is subject to random urine screens to test for drug use. She also has completed training as an emergency medical technician and a volunteer firefighter. She is to be commended for her efforts to overcome her early difficulties. Nonetheless, her efforts never extended to beginning to assume a parental role with Alissa.

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Bluebook (online)
1998 Conn. Super. Ct. 7047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interests-of-alissa-n-jun-16-1998-connsuperct-1998.