In re G. H.

216 Conn.App. 671

286 A.3d 944

IN RE G. H. et al.^*

Appellate Court of Connecticut.

Argued October 4, 2022

Officially Released November 22, 2022^**

Benjamin M. Wattenmaker, Hartford, assigned counsel, for the appellant (respondent mother).

Amanda Szyszkiewicz, assistant attorney general, with whom, on the brief, were William Tong, attorney general, and Evan O'Roark, assistant attorney general, for the appellee (petitioner).

Alvord, Clark and Palmer, Js.

ALVORD, J.

The respondent mother, Jessica M. H., appeals from the judgments of the trial court terminating her parental rights with respect to her minor children, G. H. (G) and N. H. (N).¹ On appeal, the respondent claims that the trial court (1) improperly concluded that she had failed to rehabilitate to such a degree as to reasonably encourage a belief that she could assume a responsible position in the lives of her children, (2) made inconsistent statements in its memorandum of decision that require reversal, and (3) improperly concluded that the termination of her parental rights was in the best interests of the children.² We affirm the judgments of the trial court.

The following facts, which the court found by clear and convincing evidence, and procedural history, are relevant to this appeal. The respondent has nine children and her history with the Department of Children and Families (department) dates back to 1999. At the time of trial, five of the respondent's children were adults; two were teenagers, N. A. (A) and S. H. (S); and the two at issue in this appeal, N and G, were four years old and two and one-half years old, respectively. The respondent has had twenty-one referrals to the department that include allegations of inadequate supervision, drug use by parents and older children, drug dealing resulting in criminal charges and incarceration, domestic violence, emotional neglect, physical abuse, untreated mental health issues, and medical neglect.

N was born in August, 2017.³ Shortly thereafter, on September 12, 2017, the petitioner, the Commissioner of Children and Families, filed neglect petitions and motions for orders of temporary custody on behalf of A, S, and N. On October 2, 2017, the orders of temporary custody were sustained and A, S, and N were removed from the respondent's care. On September 4, 2018, the court approved a concurrent permanency plan of termination of parental rights and adoption or reunification with the respondent and Patrick H. with regard to N. On November 9, 2018, A, S, and N were found neglected and were committed to the care and custody of the petitioner. G was born in April, 2019. She was born prematurely, developed chronic lung disease, and is considered medically complex. G was successfully discharged from the care of the pulmonology department at Yale New Haven Children's Hospital on December 14, 2020.

On March 7 and April 22, 2019, the respondent participated in a court-ordered evaluation with Nancy Randall, a psychologist, as a result of the pending neglect allegations as to A, S, and N. At that time, the respondent was diagnosed with generalized anxiety disorder, bipolar 2 disorder, and opiate use disorder. The opiate use disorder was in sustained remission on maintenance therapy. As part of her evaluation, Dr. Randall indicated that the respondent needed continued support for her recovery and mental health, and "recommended [that the respondent] receive mental health treatment and continued methadone maintenance and psychiatric medication management services."

The respondent participated in Intensive Family Preservation and Reunification and Therapeutic Family Time services with her teenage children, A and S. Upon completion of the court-ordered evaluation in June, 2019, Dr. Randall recommended that the respondent engage in individual counseling and medication management, in order for the petitioner to recommend reunification with the teenage children. On August 6, 2019, the petitioner filed a permanency plan on behalf of the respondent's teenage children, A and S, with a recommendation of reunification.

On July 12, 2019, the petitioner filed a petition for the termination of parental rights as to N. Shortly thereafter, on July 18, 2019, the petitioner filed, with respect to G, a motion for an order of temporary custody, which was granted, and a neglect petition. On October 22, 2019, the court adjudicated G neglected and she was committed to the care and custody of the petitioner.

The respondent was provided with court-ordered specific steps, on November 9, 2018, and October 23, 2019, to facilitate the return of N and G to her care. Additionally, the department referred the respondent to numerous services to aid in her reunification with N and G, including supervised visitation, individual counseling, substance abuse evaluation and treatment, drug screening, mental health services, transportation assistance, case management services, and psychological evaluations.

On August 20, 2020, the petitioner filed a permanency plan on behalf of N and G, with a recommendation of termination of parental rights. That same day, the petitioner filed a permanency plan on behalf of A and S, with a recommendation of reunification. On October 5, 2020, the court approved both permanency plans, and a motion to revoke commitment and an order of six months of protective supervision was granted as to the respondent's teenage children. On March 4, 2021, the petitioner filed a petition for termination of parental rights as to G.

In the petitions, the petitioner alleged that G and N were found in a prior proceeding to have been neglected and that the respondent "failed to achieve the degree of personal rehabilitation that would encourage the belief that, considering the ages and needs of the children, she would assume a responsible position in the life of her children." During the trial, the petitioner introduced testimony from Dr. Randall and department social workers and case managers. The respondent testified and presented testimony from her case manager in the supportive housing program at The Connection, Inc.; her counselor at the Root Center for Recovery; and Andrea R., her adult daughter.

The respondent gave birth to her first child when she was nineteen years old and had no support from her family. Her history with drugs began when she started taking "percs" because they made her feel good. She was prescribed medication for her mental health issues but did not like the way it made her feel, so "she started using heroin, because it was cheap, but hard to get off." The respondent's work history is minimal and "she has a history of not sustaining employment for any significant period of time."

The respondent married Patrick H., the father of N and G,⁴ in 2016. Patrick H. had a significant criminal history dating back to 1988. In August, 2020, Patrick H. was arrested at the family home for possession of illegal narcotics, while A and S were residing there. Patrick H. was found in possession of 100 bags, packaged for sale, of fentanyl, heroin and marijuana. The respondent failed to report this arrest to the department. The respondent "indicated that she and Patrick H. had been selling drugs to support the family some years ago but indicated she was surprised by the arrest in August, 2020." The trial court found that the respondent's "continued denial of any knowledge of [Patrick H.'s] involvement in drug dealing is not credible."

On February 24, 2021, after Patrick H. posted bond on drug charges, the respondent signed a service agreement with the department, confirming that she would not allow Patrick H. back in the home, due to the two teenage children living in the home. The department subsequently received anonymous information that Patrick H. "was frequenting the home on a daily basis." On May 12, 2021, Patrick H. died, of an apparent allergic reaction to seafood, while in a sober house.

The respondent's compliance with individual counseling was inconsistent. From August, 2019, until March, 2020, the respondent was not engaged in individual counseling. From January, 2019, until January, 2020, the respondent saw Stephanie Sloan, an advanced practice registered nurse, for medication management once a month. Sloan diagnosed the respondent with "bipolar disorder, current episode depressed moderate," and recommended that she engage in individual counseling "due to [her] limited understanding as to why [the department] was involved with her family." On December 31, 2019, Sloan indicated that the respondent "was at risk for being discharged due to her missing appointments." Following Sloan's unexpected death in January, 2020, the respondent was referred to Child and Family Services for mental health and medication management. The respondent failed to follow through with the referral, did not engage in the recommended counseling, and was at risk of running out of her medication. The department "made many efforts to engage [the respondent] in individual counseling and a new medication provider for many months."

In March, 2020, the respondent completed a mental health intake with Sound Community and, in April, 2020, began attending weekly, individual sessions via telehealth. Additionally, she "engaged in medication management and methadone treatment with the Root Center."

In September, 2020, the respondent began seeing a new therapist, Mary Ann Campbell, at Sound Community. The respondent was scheduled to have biweekly virtual meetings with Campbell, who was beginning to develop a treatment plan for the respondent. By October 23, 2020, however, the respondent "had missed three out of her last five appointments for a total of nine missed appointments out of fourteen." As a result of these absences, Campbell was unable to effectuate a treatment plan, and the respondent was sent an engagement letter stating that her case would be closed, unless she scheduled an appointment. The respondent scheduled an appointment for February 14, 2021. The...