In re Ezekiel P.

IN RE EZEKIEL P.^[1]

No. H12CP16016748A

Superior Court of Connecticut, Judicial District of Hartford, Hartford, Juvenile Matters

September 11, 2018

UNPUBLISHED OPINION

OPINION

C Taylor, J.

This memorandum of decision addresses issues raised by the petition filed by the Department of Children and Families (DCF or the department) for Ezekiel P. (Ezekiel) seeking to terminate parental rights (TPR) of the child’s father, David D. (David) and his mother, Teresa V. (Teresa).^[2]

The court has jurisdiction over the proceedings; notice of all hearings were provided in accordance with the applicable provisions of the Practice Book; and no evidence or pleadings indicate the Indian Child Welfare Act (ICWA), as contemplated by Practice Book § 32a-3(c), is applicable in this litigation.

DCF alone bears the burden of proving each essential allegation of the TPR petition by clear and convincing evidence pursuant to the applicable provisions of General Statutes § 17a-112(j).^[3]

After considering the verified petitions, the parties’ motions, the facts as found by clear and convincing evidence, and applying the relevant standards and law to those facts, the court resolves all issues in favor of DCF.^[4] Accordingly, for the reasons set forth below, the court orders termination of parental rights.

PROCEDURAL HISTORY AND INITIAL FACTUAL FINDINGS

The parties’ procedural interaction is relevant to the TPR issues. See In re Paul O., 141 Conn.App. 477, 480 62 A.3d 637, cert. denied, 308 Conn. 933, 64 A.3d 332 (2013).

The court has used appropriate standards for assessing the weight of the evidence as a whole.

Upon consideration of the verified pleadings and the evidence in its entirety, the court finds the facts set forth in this memorandum of decision to have been proved by clear and convincing evidence.

The history of the file and the evidence produced at trial reflects that Department of Children and Families (DCF) has been involved with this family prior to the turn of this century, due to issues of sexual abuse, substance abuse mental health, parenting issues, and inadequate housing.

The respondent mother Teresa was in the care of DCF as a child for various issues. She was sexually abused by her father. She also suffered physical neglect, emotional neglect, and physical abuse by both of her parents. Teresa was in foster care from 1995 through 1998.

On November 14, 1998, Teresa gave birth to Jacqueline F (Jacqueline).

In April 1999, Jacqueline’s paternal grandparents, Carmello F. and Minerva F., petitioned for guardianship of Jacqueline in Probate Court, District of Waterbury. The reason given was the transient lifestyles of Teresa and Jacqueline’s father. On May 11, 1999, the District of Waterbury Probate Court granted the petition.

On October 12, 2002, Teresa gave birth to her second child, Nyasha G. (Nyasha).

On October 14, 2002, DCF received a referral alleging physical neglect of Nyasha by Teresa. It was alleged that Teresa, while pregnant, tested positive for cocaine on August 1, 2002, and positive for PCP and marijuana in March 2002. When confronted with this information, Teresa admitted only marijuana use.

Teresa tested negative for all substances on September 3, 2002. DCF did not substantiate the allegation, and the case was closed.

On April 25, 2003, DCF received a referral alleging physical neglect of Nyasha by Teresa. The allegation indicated that Teresa and Nyasha were in a car that was stopped by Connecticut State Police. It was ascertained that Teresa had been smoking marijuana laced with PCP. Teresa was arrested for risk of injury to a child. DCF substantiated the allegations and transferred the case to ongoing services.

In July 2004, Nyasha was removed from Teresa’s care.

In November 2004, Nyasha was committed to the care and custody of DCF.

On February 20, 2006, DCF received a referral alleging physical neglect of Jaydin V., (Jaydin), by Teresa. It was alleged that Jaydin had tested positive for PCP at his birth on February 19, 2006. The allegation was substantiated and DCF opened a case.

Jaydin was removed from Teresa’s care in October 2008. He was committed to the Department in November 2008. Teresa’s parental rights in regard to Jaydin were terminated on May 26, 2010.

Teresa’s parental rights in regard to Nyasha were terminated on April 27, 2009.

On February 3, 2010, Richard M. (Richard) was born to Teresa. On February 4, 2010, DCF received a referral alleging physical neglect of Richard by Teresa. The case was investigated, the allegation was substantiated, and the case remained open. Richard was removed from mother’s care on February 3, 2010. He was committed to the care and custody of DCF on May 26, 2010, Teresa’s parental rights in regard to Richard were terminated on May 2, 2011.

On November 27, 2011, Jada C. (Jada) was born to Teresa. On November 28, 2011, DCF received a referral alleging emotional neglect of Jada by Teresa. It was alleged that, while pregnant with Jada, Teresa tested positive for PCP on June 9, 2011, August 4, 2011, and August 15, 2011. The case was investigated, but DCF failed to substantiate the allegation.

Teresa and Jada went to an inpatient substance abuse treatment facility upon their discharge from the hospital, and the case was transferred to ongoing services.

On December 16, 2011, DCF filed neglect petition concerning Jada. After a neglect adjudication, Jada was returned to Teresa under protective supervision from February 29, 2012, through August 29, 2012. The case was closed out in August 2012.

On November 16, 2012, DCF received a referral alleging physical neglect of Jada by Teresa. It was alleged that Teresa took Jada to Florida three months prior and gave temporary custody to a maternal cousin, Victor V. of Tampa, born June 20, 1986.

Teresa allegedly went to Las Vegas for the purpose of engaging in prostitution. She then returned to Tampa and retrieved Jada a week prior to the referral, returning to Connecticut with Jada on a bus.

There were also allegations that Teresa was abusing PCP, tampering with her urine tests at the Morris Foundation and engaging in prostitution.

DCF investigated the case and did not substantiate the allegations.

On March 7, 2013, DCF received a referral alleging physical neglect of Jada by Teresa.

An anonymous source indicated that Jada was being left alone in her crib for most of the day, the baby had rashes on her mouth and her vaginal area, and that Teresa was actively using PCP. The source also reported that Teresa allowed anyone who would agree to babysit the child. The case was investigated and the allegations were not substantiated.

On November 5, 2013, DCF received a referral alleging physical neglect of Jada by Teresa. There were allegations of substance abuse and inappropriate supervision. DCF investigated the case, but did not substantiate the allegations.

On March 3, 2015, Jada was adjudicated neglected and placed under an Order of Protective Supervision for six months.

On March 24, 2015, DCF filed an OTC on behalf of Jada, due to Teresa attempting to flee to Las Vegas with Jada.

Jada was eventually placed in foster care. She was committed to the care and custody of DCF on July 14, 2015. On December 21, 2015, a TPR petition was granted on behalf of Jada and Teresa’s rights were terminated at the Superior Court for Juvenile Matters, Sixth District, Judicial District of Waterbury.

On November 24, 2016, Teresa gave birth to Ezekiel at St. Francis Hospital. On the same day, St. Francis made a referral to DCF alleging physical neglect of Ezekiel by Teresa.

After ascertaining that Teresa had abused illicit substances while pregnant with Ezekiel, and after a Considered Removal meeting, on December 6, 2016, in Superior Court for Juvenile Matters, 12th District, Hartford, (SCJM), DCF filed a neglect petition on behalf of Ezekiel. The petition alleged that Ezekiel was being denied proper care and attention, physically, educationally, emotionally or morally; and, was being permitted to live under conditions, circumstances or associations injurious to well-being.

On the same day, in SCJM, (Gilligan, J.T.R.), DCF sought and obtained an Order of Temporary Custody, (OTC), for Ezekiel. DCF claimed that Ezekiel was in immediate physical danger from his surroundings, and, as a result of said conditions, the child’s safety was endangered and immediate removal from such surroundings was necessary to ensure his safety, and that reasonable efforts to prevent or eliminate the need to remove Ezekiel from his home were not possible.

The court also issued specific steps for the respondent parents, including Orlando P., (Orlando), who was the putative father of Ezekiel at the time of the issuance of the OTC and the neglect petition.

On December 16, 2016, in SCJM, (Dannehy, J.), Teresa, who was represented by counsel, appeared in court and was advised of her rights. Orlando failed to appear in court.

Teresa agreed to sustain the OTC and entered pro forma denials as to the neglect allegations.

On January 17, 2017, in SCJM, (Dannehy, J.), Orlando failed to appear for the neglect plea and was defaulted.

On February 27, 2017, in SCJM, DCF filed its Motion For Judicial Notice.

On March 28, 2017, in SCJM, (Woods, J.), Teresa entered a written plea of nolo contendre to the conditions injurious section of the neglect petition. She was canvassed by the court. The court then committed Ezekiel to the care and custody of DCF until further order of court. The court also issued final steps as to both respondent parents.

Orlando failed to appear in court and was defaulted.

On April 28, 2017, in SCJM, DCF filed its Motion to Cite In.

On May 11, 2017, in SCJM, (Dannehy, J.), the court granted DCF’s...