Superior Court of Connecticut, Judicial District of Windham, Willimantic, Juvenile Matters
In re Carlos S. 
MEMORANDUM OF DECISION
Francis J. Foley, Judge Trial Referee.
petition is assigned for a contested hearing on the
termination of the parental rights of Sharon B. to her minor
children, Carlos, born September 2, 2009, and Natalie, born
January 3, 2011. The case arose as a petition by the
children's father Daniel S. to terminate parental rights
filed in the Ellington Probate Court, District 12 and was
subsequently transferred to the Superior Court for Juvenile
Matters in Rockville. It was thereafter transferred to this
court for a contested hearing.
court finds that service has been given in accordance with
the Connecticut General Statutes and the Practice Book.
Counsel have appeared for the respondent, the petitioner and
the child. This court has jurisdiction in this matter. There
is no other action known to this court to be pending in any
other court affecting custody of the children. There does not
appear to be any claim of American Indian tribal affiliation.
biological parents were present in court for the commencement
of a trial for the termination of the respondent's
parental rights. At the commencement of the trial, the
respondent, biological mother, consented to the termination
of her parental rights. This court has found that she
voluntarily and knowingly consented to the termination of her
rights, having received the advice and assistance of
competent legal counsel and having understood the
consequences of her actions. In re Yasiel, 317 Conn.
773, 120 A.3d 1188 (2015). The consent was accepted by this
court. The petition has been amended by the court to allege
as the sole ground for termination of the respondent, her
consent to the termination. A social study prepared by the
Department of Children and Families, dated November 19, 2015,
has been marked as an exhibit by agreement. No findings are
necessary to be made pursuant to Conn. Gen. Stat. §
17a-112(k) due to the respondent's consent.
determining whether termination of the respondents'
parental rights would be in the children's best interest,
the court must examine multiple relevant factors including
the children's interest in safety, stability and
continuity of their care; the length of stay of the children
in the care of their father and step-mother; the nature of
the children's relationship with their biological mother
and step-mother, the prospects for the mother's
rehabilitation and the current living conditions of the
respective claimants. In addition in this Probate court case,
this court considers the directions of the Ellington Probate
Court which ordered the Department of Children and Families
to provide sufficient information regarding approval of a
step-parent adoption should the Court make a finding of
termination of parental rights. See § 45a-727 and
45a-733 (step-parent adoption).
court, following the conclusion of the hearing, has
completely reviewed the court file and, in particular, has
read the only document admitted into evidence, the social
study of November 19, 2015. The report reveals that the
father, the mother and the step-parent, all have profound
histories of childhood dysfunction, including physical abuse,
chronic physical neglect, emotional abuse and out of home
father, 27 years old, has been diagnosed with post traumatic
stress disorder, encopresis, and schizotypal personality
disorder. He does not comply with his psychotropic medication
prescription. The children's mother, Sharon, came from a
divorced family with addiction problems. She is presently 26
years old. Her mother was removed as her guardian and Sharon
was placed in foster homes beginning at age four. She states
she was sexually abused, she suffers mood disturbances,
self-injurious behavior and aggression toward others. She has
been abusing crack cocaine, alcohol, heroin and opiates for
most of her adult life. She has been in almost every
treatment program available to DCF and to the criminal court
system. She has been prevented by court order from seeing the
children for about three years. Sharon has no employment
history and, when last known, was not seeking employment. She
has received social security disability payments due to her
mental health issues since age 18.
step-mother, DLS,  has a similar history of out of home
placements. She is presently 24 years of age. She married
Daniel in May 2014. Since the marriage she has had two
children issue of the marriage a daughter, Abigail, now age
two and an infant born sometime after the DCF report last
November. DLS does not know her father's identity. Her
mother was killed in a car accident in 1997. Since age five
she has been in a series of foster homes and an adoptive
home. Her first of many psychiatric hospital admissions was
in May 2005, at the Waterbury Hospital for aggressive and
violent behaviors following neglectful treatment at the DCF
foster home where she lived. At some point in 2005, DLS was
remanded to juvenile detention until June 28, 2005. Since
that time she has been in Klingberg Family Center, Riverview
Hospital, readmission to Waterbury Hospital psychiatric unit
for attempted suicide, and Waterford Country Home, among
other placements. At age twenty she was transitioned into the
Department of Mental Health and Addiction Services.
reports health problems and mental health problems. She has
orthodontic needs, juvenile arthritis and stomach ulcers. Her
arthritic condition which requires ankle and knee braces, and
a walker, is worsened by morbid obesity. She is extremely
limited in her mobility. She is diagnosed with bipolar
disorder and depression.
indicated earlier, the social study in this case was
completed in November 2015. The social study
recommends against approval of the petition for termination
of parental rights. It is noted that this study was done
prior to the consent of the biological mother and prior to
the birth of an additional child. The level of care of the
children was problematic before the birth of this most recent
social study indicated that, then aged 18 months, Abigail was
bathed once a week. She was kept in a gated room most of the
day. The oldest child Carlos is now seven years of age. He
has been identified as developmentally delayed. He receives
speech, language and occupational supports at school. He has
enuresis and wets his bed often.
flags were noted in the social study. On January 20, 2015,
DCF received a report of Natalie having a bruise on her
forehead. On January 23, 2015, Carlos' eye was swollen
shut and he had a cut lip. Carlos said his father punched
him. On May 6, 2015, the children's school notified DCF
that Natalie had an injury to her neck that Natalie said was
caused by her mom. When the caller lifted Natalie's hair
to observe the injury, a clump of her hair fell out. On June
11, 2015 the school reported that Natalie stated that the
stepmother had caused an abrasion on Natalie's chest.
is a suggestion in the social study that the step-mother is
over-whelmed with child care and is physically very limited.
Since then a newborn infant has been added to the mix. As of
October 2015, DCF had an open investigation of the family.
court is unable to assess the best interests of the children
given the lack of current information. The Department is
directed to conduct an up-to-date social study regarding the
children's present condition and to make a recommendation
regarding a ...