In the Interests of Steven and Marcus N., (Oct. 2, 1998)

1998 Conn. Super. Ct. 11215
CourtConnecticut Superior Court
DecidedOctober 2, 1998
StatusUnpublished

This text of 1998 Conn. Super. Ct. 11215 (In the Interests of Steven and Marcus N., (Oct. 2, 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 Steven and Marcus N., (Oct. 2, 1998), 1998 Conn. Super. Ct. 11215 (Colo. Ct. App. 1998).

Opinion

MEMORANDUM OF DECISION
On June 9, 1997, the Department of Children and Families, hereafter "DCF", filed petitions for the termination of the parental rights of Sandy N. and Steven N. to their two children, Steven and Marcus, now ages nine and a half and eight. The boys came into foster care after efforts to work with their mother and provide intensive support in the home failed in June, 1994. The mother, Sandy N., who has a past psychiatric history, was completely unable to manage the boys, who were out of control. Their father had left the household and could not care for them, given his past history of psychiatric problems, alcohol and drug abuse. Both children were adjudicated neglected as their parents did not provide proper care and attention for them and they were CT Page 11216 being permitted to live in conditions, circumstances and associations injurious to their well-being. Also, the court concluded that their home could not provide the specialized care the two boys needed. On March 26, 1996, Steven and Marcus were committed to DCF and have remained committed since that date.

The termination petitions against the parents allege four grounds. The first ground is that both parents have abandoned the children. Second, the claim is that the children were previously adjudicated neglected and that the parents have 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 children, they could assume a responsible position in the life of the children. The third claim is that each of the parents has committed acts of omission and commission in violation of Connecticut General Statutes § 17a-112(c)(3)(C) in that the children have been denied the care, guidance or control necessary for their physical, educational, moral or emotional well being. Last is the allegation that neither of the parents has an on-going relationship with Steven or Marcus, 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 children and to allow further time for the establishment or reestablishment of such parent-child relationship would be detrimental to the best interest of the children. Connecticut General Statutes § 17a-112(c)(3)(A), (B), (C) and (D).

The court finds that both parents were personally served with the petitions and have appeared through court-appointed counsel. The father did not appear at trial, although his counsel attended and provided the court with information concerning his considerable efforts to locate his client. The court has jurisdiction in this matter and further finds that there is no pending action affecting custody of Steven and Marcus in any other court. Trial on the termination petitions commenced on August 31, 1998, continued on September 2, 1998 and concluded on September 4, 1998.

1. FACTS
The court has heard the testimony from the DCF investigative worker and the DCF social worker, Sandra Fitzpatrick and Tammy Paolino respectively, as well as an additional DCF investigations social worker, Rhea Witherspoon and a DCF office assistant, CT Page 11217 Angela Smith. Althea Marshall, a clinician in the foster care program and with Boy's Village Youth and Family Services testified as did Rene Vitali, a therapist who conducted supervised visits between Steven and Marcus and their mother in 1996. Dr. Bruce Freedman, the court-appointed psychologist who evaluated the family on three occasions testified. The court also heard from the therapeutic foster mother, with whom Marcus still resides. On behalf of the respondent mother, Dr. Kinsom Lee, a psychiatrist from Waterbury Hospital, testified about her treatment at the outpatient psychiatric facility there. In addition, the parties introduced fourteen exhibits. The court makes the following findings and the reasonable inferences supported by those findings from the evidence presented at trial.

A. As to the father, Steven N.

Steven N. did not attend the trial and has not been involved with either of his children since 1996, when the visitation he had with the boys ended due to his inability to regularly attend and his failure to reschedule such visitation. He freely admitted his extensive psychiatric history to DCF when DCF became involved after referrals were received concerning the two boys, Steven and Marcus. Steven and Sandra N. were married in 1989. By 1994, they separated because of domestic violence between them. Shortly prior to their separation, Steven N. had broken his wife's nose during a fight which the children witnessed. He admitted that he had been diagnosed with paranoid schizophrenia at age eighteen and that he had been hospitalized on at least four occasions. He also admitted to abusing alcohol and drugs.

During the pendency of the proceedings, for a period of time he enjoyed visitation with is sons. Dr. Freedman reported that he saw a good relationship between Steven and the children. However, Steven was unable to sustain this level of functioning and by October of 1996 had begun to consistently miss visitation. Rhea Witherspoon, the DCF investigations worker, testified in graphic detail about the dramatic and visible changes in him. She last saw Steven on December 30, 1996, when he came to DCF to discuss why he no longer attended visits. He had lost a substantial amount of weight, was jittery, nervous, unshaven and smelled of alcohol. Ms. Witherspoon further testified that Steven was using drugs, drinking whiskey, and taking the psychotropic medication Haldol. Moreover, he had been hospitalized twice, lost his job and apartment, had been arrested and was living in a homeless shelter. Tammy Paolino, the DCF case worker, testified that some CT Page 11218 weeks prior to trial, she saw him on a street corner associating with a known prostitute and that it was the first time she had seen him in over a year. Since December 30, 1996, he has not had contact with the children, DCF or indeed his own lawyer. The court finds, from the evidence, that Steven N. was aware of the court proceedings and their importance. The court further concludes that he no longer wanted to remain a visiting resource or presence in his children's lives. Despite his claims and desires as relayed by his counsel, the court concludes that Steven N. has abandoned his sons by his return to a street life and drug use.

B. As to the mother, Sandra N.

Dr. Bruce Freedman, a clinical psychologist with a specialty in family studies, conducted evaluations of the family in August, 1994, June, 1996 and in June, 1998. He concluded that Mrs. Newman was not psychologically capable of caring for the children. His clinical assessment indicated signs of severe mood swings over the years, including a manic depressive diagnosis. In addition, Dr. Freedman stated "she is a very angry person, particularly with authority figures or anyone who is telling her what to do. She gets into a lot of fights and has trouble getting along with them." Moreover, "her degree of insight shows very little ability to understand her own limitations. It is only in this way that she can fantasize about caring for a child like Steven." Dr. Freedman testified that "Steven is a boy with very severe attention, emotional and behavioral problems. Sandy was never able to control him or provide structure for him, and she is not able to do so now." Moreover, Sandra made it clear to Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
1998 Conn. Super. Ct. 11215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interests-of-steven-and-marcus-n-oct-2-1998-connsuperct-1998.