In re Serenity W.

220 Conn.App. 380

298 A.3d 276

IN RE SERENITY W.^*

AC 46183

Appellate Court of Connecticut.

Argued May 17, 2023

Officially Released July 5, 2023^**

Matthew C. Eagan, assigned counsel, for the appellant (respondent).

Alma Rose Nunley, 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 Keller, Js.

KELLER, J.

The respondent mother, Tanisha S.,¹ appeals from the judgment of the trial court rendered in favor of the petitioner, the Commissioner of Children and Families (commissioner), terminating her parental rights with respect to her minor child, Serenity.² On appeal, the respondent claims that the trial court improperly concluded that she had failed to rehabilitate to such a degree as to reasonably encourage a belief that, within a reasonable time, she could assume a responsible position in Serenity's life. We affirm the judgment of the trial court.

The following facts, which were found by the trial court, and procedural history are relevant to this appeal. The Department of Children and Families (department) first became involved with the respondent in 2015, prior to Serenity's birth, in relation to the respondent's oldest child, Sanai. In 2016, Sanai was adjudicated neglected and committed to the care and custody of the commissioner as a result of the respondent's alcohol abuse, transience, and violation of a no contact protective order that was in place between herself and Serenity's father, Gerald W. The respondent's parental rights with respect to Sanai subsequently were terminated with the respondent's consent on March 9, 2021.

Serenity was born in August, 2019. The respondent was not forthcoming about her pregnancy and alerted the department by text message about Serenity's birth when she was discharged from the hospital. On September 19, 2019, the commissioner filed a neglect petition as to Serenity. The commissioner did not initially seek an order of temporary custody because, at that time, the respondent was not abusing substances and she was actively engaging in services with the department regarding Sanai. On November 12, 2019, Serenity was adjudicated neglected and placed under a six month period of protective supervision subject to the respondent's compliance with certain specific steps prescribed by the trial court.

Shortly thereafter, in December, 2019, the respondent was involved in an intimate partner violence incident with Gerald W., after which Gerald W. was arrested and charged with strangulation and disorderly conduct. In February, 2020, the commissioner filed a motion to modify the disposition from protective supervision to commitment on the basis of the respondent's failure to comply with the court-ordered specific steps, including her failure to cooperate and make progress with her individual therapy and treatment goals and her failure to maintain relationships free from violence. On March 5, 2020, the period of protective supervision was extended "until further order of the court until a hearing date could be set on the motion to modify."³

In April, 2020, the respondent was arrested for operating a motor vehicle while under the influence of alcohol and operating a motor vehicle with a suspended license. The charges arose from an incident in which a police officer found the respondent unconscious in the driver's seat of a vehicle that contained open bottles of alcohol, with the engine running and the gearshift in drive. In May, 2020, the department referred the respondent to the Intimate Partner Violence-Family Assessment Intervention Response program, but she did not successfully complete the program.

The respondent was arrested again in August, 2020. At that time, the respondent permitted Gerald W. to use the bathroom inside her home, even though there was a protective order in place prohibiting him from being at her residence. They got into an argument and threw each other's belongings out of the home and into the driveway. The respondent was arrested for disorderly conduct, and Gerald W. was arrested for disorderly conduct and for violating the protective order.

In February, 2021, the respondent was involved in another intimate partner violence incident. When the police arrived at the respondent's home, they found that she was intoxicated and smelled of alcohol. The respondent admitted to striking her boyfriend, Michael G., with a cooking pot, which caused injuries to his face and forehead. Serenity was present during this incident. When the police informed the respondent that she was being arrested, she resisted and kicked an officer in the groin. The respondent was thereafter arrested on charges of disorderly conduct, assault in the third degree, risk of injury to a child, interfering with an officer, and assault of public safety personnel. The respondent left Serenity with Michael G., whom she had falsely identified to the police as Serenity's father. The department was unaware of Serenity's whereabouts that evening, as the respondent did not know where Michael G. took her. The department located Serenity, hours later, with Gerald W.

As a result of that incident, the commissioner sought and obtained an ex parte order of temporary custody with respect to Serenity on February 11, 2021. On February 19, 2021, at the preliminary hearing on the order of temporary custody, the respondent agreed to the commissioner's motion to modify the disposition to commitment. Serenity was committed to the care and custody of the commissioner and placed with the same foster family caring for Sanai. The court also ordered final specific steps to facilitate reunification between the respondent and Serenity,⁴ in addition to a psychological examination of the respondent.

After Serenity was removed from the respondent's care, the department arranged visitation between the respondent and Serenity and continued to refer the respondent to services for mental health, substance abuse, and intimate partner violence, as it had been doing since 2016 in relation to Sanai. The respondent consistently began attending individual counseling in February, 2021, but stopped participating later that year.⁵ The respondent also was accepted into an intensive outpatient program at Midwestern Connecticut Council of Alcoholism, Inc. (MCCA) in March, 2021, and she initially did well in the program.

In May, 2021, however, the respondent's toxicology screens tested positive for alcohol and fentanyl, and, in July, 2021, her toxicology screens tested positive for fentanyl and norfentanyl. In addition, the respondent became noncompliant with her treatment at MCCA in July, 2021, which coincided with Gerald W.’s untimely death. On July 6, 2021, the respondent's neighbor heard yelling from inside the respondent's apartment and called the police. The police responded and found that the respondent was intoxicated and that Gerald W. had suffered from a fatal overdose. The respondent became physically violent toward the officers and broke a kitchen window. The police brought the respondent to the hospital for evaluation due to her "dysregulated presentation" and intoxicated state, and she remained hospitalized for two days due to mental health concerns.

The respondent's attendance with MCCA lapsed from July until October, 2021. The respondent's clinician at MCCA reported to the department that she was " ‘very concerned about [the respondent] as she has definitely had a lot of trouble moving forward in her treatment. She seems to take [three] steps forward and then slides back due to her relationships with men, so I'm not surprised to hear about this recent relapse.’ " Nevertheless, the respondent reengaged with the intensive outpatient program at MCCA in October, 2021, and was "successfully discharged" from the program in January, 2022.

Also in January, 2022, the respondent gave birth to her son, Tyshawn. Tyshawn was born prematurely, at twenty-six weeks of gestation, and remained in the hospital for three months due to the health issues he faced as a result of his prematurity. The commissioner was not aware of Tyshawn's birth, or that the respondent had been pregnant, until a social worker with the department conducted a home visit and discovered a crib and baby supplies at the respondent's residence. The respondent disclosed that she drank wine throughout her pregnancy with Tyshawn, but she believed that it was not problematic because she " ‘didn't get drunk.’ " As a result, a social worker with the department consulted with the department's regional resource group to determine the appropriate referral for services.

Approximately two months later, on March 15, 2022, while Tyshawn remained hospitalized, the respondent was arrested for various motor vehicle and drug related charges. The police initially stopped the respondent's vehicle because it did not have a front license plate, and then they learned that the car was not registered and had improper insurance. When the police asked the respondent for her name, she initially provided her cousin's name rather than her own. After the police placed the respondent under arrest and were waiting for the car to be towed, they found a handbag inside of the vehicle containing marijuana, crack cocaine, suspected heroin, and fentanyl. The respondent was charged with criminal impersonation, interfering with an officer, possession of narcotics, possession of narcotics with intent to sell, operation of a motor vehicle with a suspended license, and operation of an unregistered and uninsured motor vehicle.

Shortly thereafter, on March 22, 2022, the commissioner filed a petition for termination of the respondent's parental rights as to Serenity, alleging that the respondent failed to achieve a sufficient degree of personal rehabilitation in accordance with General Statutes § 17a-112 (j) (3) (B) (i) and (E).⁶ The commissioner subsequently filed a motion to amend the petition to...