Welfare Commissioner v. Anonymous

33 Conn. Supp. 100
CourtConnecticut Superior Court
DecidedJuly 1, 1976
StatusPublished
Cited by2 cases

This text of 33 Conn. Supp. 100 (Welfare Commissioner v. Anonymous) 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
Welfare Commissioner v. Anonymous, 33 Conn. Supp. 100 (Colo. Ct. App. 1976).

Opinion

Rubinow, J.

The proceedings leading to the present appeal began with petitions of the commissioner of welfare, hereinafter referred to as the commissioner, to the Juvenile Court. In the petitions, which were dated in 1974, the commissioner alleged that each of the defendants’ four children was then “uncared-for in that: He [or She] is homeless. The [defendant] mother is presently an inmate at Mantie Women’s Prison. The [defendant] father is living alone and working full time. . . . [His] income and circumstances do not permit him to provide a home for his children.” The father admitted the allegations of the petition; the mother, however, did not, her claim being that [101]*101the children are not “uncared for” within the purview of that phrase as used in General Statutes § 17-53.

When the petition was filed, and at all relevant subsequent times, the children were being cared for by their grandaunt. They had been placed with her in 1973, by the welfare department, with the consent of the father. That department had been assisting him to care for the children after the mother had been sentenced to Niantic in 1972, following her conviction for armed robbery. When the grandaunt took the children, there had been no adjudication that they were either uncared for or neglected, and no proceedings were then pending to obtain such an adjudication.

After the petitions had been brought, a series of hearings was held and briefs were filed. In 1975 the Juvenile Court entered an order committing the four children to the commissioner. That order was entered pursuant to an adjudication made by the Juvenile Court that the children “are uncared-for.”1 At the hearing at which that adjudication was made, the assistant attorney general, appearing for the commissioner, said, “There is no question about the home situation where the children are now. Everybody is agreed that it is a good situation for them and there is no dispute on that fact here.” In confirmation of that statement, the updated social summary, prepared for a hearing on disposition in 1975 says: “. . . [The grandaunt] continues to provide an excellent home for these children. She is providing for them a warm, secure environment for the first time in their lives. The [102]*102biggest problem has been interference in her role of caretaker by . . . [the mother’s] extended family and friends. . . . [The children’s] only chance of becoming normal, productive members of the community lies in their remaining for the present in a warm, accepting environment, and receiving the necessary support through therapy and the . . . [protection] of the Welfare Commissioner through the supervision of the Department of Children and Youth Services. We feel that this goal cannot be achieved, or even attempted unless they remain for the present in their current home.”

From that social summary, as well as from the quoted comment of the assistant attorney general, it is apparent that the children are neither uncared for nor homeless. Indeed, there is no evidence in the Juvenile Court proceedings that does not tend to prove that the grandaunt provides a good home for the children and takes good care of them. Nevertheless, the commissioner claims that the Juvenile Court could properly find that the children are uncared for and homeless within the purview of General Statutes § 17-53. His claim is that the children are “uncared for” because their mother is not taking care of them and is not providing a home for them and because their father has, either inferentially or explicitly, admitted that he cannot take care of them or make a home for them. The commissioner’s claim, in short, is that the phrase “uneared for” in General Statutes § 17-53 should be construed as if it read “uncared for by each living biological parent.”

There are three reasons why that construction of the statute should not be adopted. First, that construction requires the court to legislate into the statute significant words that are not there. Second, if a child is being properly cared for by, for example, a close relative at the request of a biological [103]*103parent, the commissioner’s construction would require the court to say that a child is “uncared for” when, in fact, the child is “cared for.” See, e.g., Painter v. Bannister, 258 Iowa 1390 (permanent custody of seven-year-old boy awarded to sixty-year-old maternal grandparents, who had been asked by father of boy to take temporary charge of him following death of the boy’s mother). That construction would, therefore, lead to “possibly bizarre results,” and a construction leading to those results should not be adopted. See City Savings Bank v. Lawler, 163 Conn. 149, 159. Third, the commissioner’s construction would have the undesirable consequence of discouraging biological parents from even temporarily entrusting their children to someone who could give them better care, for, under the commissioner’s construction, even temporarily entrusting children to a nonbiological parent to enable the children to be better cared for would make the children “uncared for” and subject to commitment to the commissioner.

Even if those three reasons did not exist for not adopting the commissioner’s construction, the court would not adopt it for a reason of “policy.” That “policy” reason is that, in construing a statute concerning the relationship of children to biological or nonbiological parents,2 courts should prefer that construction which minimizes state intervention. The reason for preferring the minimal-state-intervention construction has been well expressed in a recent work on problems in child custody: “Though obvious once said, when left unsaid, the [104]*104limitations of law often go unacknowledged in discussions about child placement. Too frequently there is attributed to law and its agents a magical power — a power to do what is far beyond its means. While the law may claim to establish relationships, it can in fact do little more than give them recognition and provide an opportunity for them to develop. The law, so far as specific individual relationships are concerned, is a relatively crude instrument. It may be able to destroy human relationships; but it does not have the power to compel them to develop. It neither has the sensitivity nor the resources to maintain or supervise the ongoing day-to-day happenings between parent and child— and these are essential to meeting ever-changing demands and needs. Nor does it have the capacity to predict future events and needs, which would justify or make workable over the long run any specific conditions it might impose concerning, for example, education, visitation, health care, or religious upbringing. We share the view — one which is too easily ignored in the law and administration of child placement — of Justice Wachenfeld:3 ‘The uncertainties of life . . . will always remain to be encountered as long as one lives. . . . Their devious forms and variations are too complicated and numerous to be susceptible of tabulation. Our inability to predict or solve them anchors us closely to nature’s intendment. ... A judicial approach does not make the future more readily foreseeable and the assurance of our decisions, whatever it be, is unfortunately circumscribed by the frailties of human judgment.’ The law, then, ought to and generally does prefer the private ordering of interpersonal relationships over state intrusions on them.” Goldstein, Freud & Solnit, op. cit., p. 49.

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Bluebook (online)
33 Conn. Supp. 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welfare-commissioner-v-anonymous-connsuperct-1976.