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The appellate
court affirmed the termination of the appellant mother's four children
where substance abuse appeared to be the single most devastating
factor contributing to the termination. The events that resulted
in termination began in March 2001, when the youngest child was
born five weeks premature and tested positive for the presence of
cocaine. The mother failed to complete two admissions to an outpatient
substance abuse and mental health treatment program, and in May
2001, the mother twice left her children unattended in an automobile
for lengthy periods, resulting, not surprisingly, in an order of
temporary custody placing the children with the Department of Children
and Families ("Department"). After three subsequent attempts and
failures at rehabilitation, the Department successfully sought an
order adjudicating all four of the children as neglected. The mother
continued to struggle with substance abuse (failing to comply with
numerous treatment regimens), and she was arrested on a burglary
charge and convicted of criminal trespass which carried a sentence
of eighteen months of probation (conditioned upon substance abuse
counseling and treatment). By May 2002, the court committed all
four children to the Department's custody, and her struggles with
cocaine continued to spiral out of control. Meanwhile, the four
children (three oldest in one home, with the youngest in another)
have all thrived in their foster care setting, and both sets of
foster parents appeared ready and willing to adopt the four children.
As a result, the Department moved to terminate the mother's parental
rights, and the trial court terminated those rights in May 2003,
finding by clear and convincing evidence that the mother had failed
to achieve a sufficient degree of rehabilitation, and that it was
in the children's best interest to do so.
In a
brief section, the appellate court agreed with the trial court's
findings, indicating that the evidence adduced at trial supported
the overwhelming conclusion that the mother in this case repeatedly
failed to attend and complete numerous substance abuse treatment
programs, and that she repeatedly failed in her attempt to comply
with or participate in counseling sessions designed to guide her
along that path. In addition, the mother maintained a relationship
with the children's father despite the fact that her drug counselors
had advised her to sever the relationship because he was "an impediment
to her obtaining and maintaining sobriety." In addition, her long-term
history of drug abuse and failure to complete recovery programs
left her children's stability and welfare at risk - thereby necessitating
removal and placement in a foster care setting. The need for permanency
and stability carried the day - and the court agreed that it was
in the best interest of the children to affirm the termination.
This
case is available on line by going to:
http://www.jud.state.ct.us/external/supapp/Cases/AROap/AP91/91AP476.pdf
(JES)
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