DocketNumber: No. CV97 0569090
Citation Numbers: 1997 Conn. Super. Ct. 13615
Judges: McWEENY, J.
Filed Date: 12/4/1997
Status: Non-Precedential
Modified Date: 7/5/2016
The plaintiffs seek to challenge the decision, which they alleged was influenced by a policy of denying subsidized adoptions to alien children, on constitutional due process of law and equal protection grounds. The court is unable to reach such claims in that the record contains substantial evidence that the plaintiff child did not meet the adoption subsidy prerequisite status of a "special needs child."1
Connecticut has enacted an adoption subsidy program that in large part is federally funded and regulated.
Connecticut also allows post adoption subsidies, General Statutes §
The facts of this case as found by the Adoption Subsidy Review Board are as follows.2 CT Page 13616
1. Jonathan Genn was born in Calcutta, India, on December 24, 1981, and abandoned by his mother. At birth, Jonathan was
10-12 weeks premature and weighed approximately three pounds.2. I.M.H., an agency in India, provided care for Jonathan and worked as a liaison with Crossroads, an adoption agency in Minnesota, to facilitate Jonathan's adoption by Ms. Genn.
3. On November 25, 1980, Ms. Genn signed a Declaration, stating her intent to take guardianship of an Indian child for prospective adoption, declaring her employment and salary (Exhibit #35a). Ms. Genn also signed a Power of Attorney, Bond, Affidavit, and Guardianship agreement.
4. In May of 1981, I.M.H. files, previously assigned to Crossroads, were to be transferred to A.I.A.A., a child-placing agency in Michigan. Ms. Genn requested that her file be transferred to A.I.A.A.
5. J.F.S. was enlisted by A.I.A.A. to prepare and update the home study. A.I.A.A. reviewed and approved all home studies and supervision reports (Exhibit #36d). On June 1, 1981, A.I.A.A. requested an up-dated home study from J.F.S., as Jonathan's visa would not be approved without a current home study. On June 15, 1981, J.F.S. completed the updated home study.
6. A.I.A.A. continued to provide to Ms. Genn general informational letters regarding the status of available children and of the medical status of the children. A.I.A.A. advised that they "cannot guarantee the health or the potential of any child".
7. On December 7, 1981, J.F.S. sent an updated home study to I.N.S., on Ms. Genn's behalf.
8. On January 20, 1982, the court in India CT Page 13617 appointed Ms. Genn as guardian of Jonathan Ein (Exhibit #39).
CT Page 136189. On January 20, 1982, A.I.A.A. sent to J.F.S. a birth certificate and petition to make Ms. Genn the guardian of Jonathan. A.I.A.A. instructed J.F.S. on how they should proceed with the visa approval process (Exhibit #37c).
10. On February 2, 1982, A.I.A.A. sent J.F.S. the guardianship decree which named Ms. Genn as guardian of Jonathan Ein.
11. On March 2, 1982, Jonathan arrived in the United States and was picked up by Ms. Genn at the airport. On March 3, 1982, A.I.A.A. informed J.F.S. of Jonathan's placement with Ms. Genn and instructed J.F.S. as to the supervision reports which would be needed.
12. On March 30, 1982, J.F.S. provided A.I.A.A. with the first of three supervision reports for Ms. Genn. On May 25, 1982, J.F.S. provided A.I.A.A. with the second supervision report. On September 3, 1982, J.F.S. provided the third and final supervision report to A.I.A.A. All reports indicated that Jonathan was doing extremely well and making progress (Exhibits #40a-40d).
13. On October 7, 1982, Ms. Genn applied to the probate court to request that J.F.S. be named as statutory parent (Exhibit #42a). On October 8, 1982, an Affidavit was filed by J.F.S., confirming that Ms. Genn received legal guardianship of Jonathan in India (Exhibit #41).
14. On December 10, 1982, J.F.S. was appointed by the probate court as statutory parent of Jonathan (Exhibit #42b). Also on December 10, 1982, an Agreement of Adoption, naming Ms. Genn as the adopting parent, was filed in probate court (Exhibit #42c). Throughout, Jonathan remained in the custody of Ms. Genn.
CT Page 1361915. On February 14, 1983, Jonathan's adoption by Ms. Genn was finalized (Exhibit #43).
16. On February 14, 1995, a Medical Statement by Gary R. Wanerka, M.D., was prepared (Exhibit #50). The statement indicates that Jonathan has had many significant medical problems, including recurrent respiratory infections, asthma, heights and weights consistently below the third percentile, attention deficit disorder and learning disabilities. Dr. Wanerka attributed these problems to Jonathan's genetics and circumstances of birth.
17. On March 21, 1995, a report by Thomas E. Brown, Ph.D., was prepared on behalf of Jonathan Genn (Exhibit #9). The report indicates that Jonathan "is a strongly motivated student with high average verbal skills and superior abilities to learn new material in visual, verbal and auditory modalities. Yet the test results also demonstrate a pattern of cognitive impulsivity, excessive distractibility and relatively impaired verbal memory which have limited Jonathan's academic achievement, producing a performance which ranges from well-above grade level on some verbal tasks to several years below grade level on spelling/grammar and two years below on math concepts." The report states that the pattern of Jonathan's impairments are consistent with the diagnosis of attention deficit disorder without hyperactivity.
18. Jonathan Genn has not been deemed a special education student by the New Haven Public School System.
19. On May 30, 1995, Jonathan was determined SSI eligible, retroactive to January 23, 1995 (Exhibit #4).
"Special needs" child is defined in §
Section
The child Jonathan for whom the subsidy is sought has never been a ward of the Commissioner of the Department of Children and Families (DCF). His adoptive mother was appointed his guardian while he was still in India prior to his emigration to this country. Jonathan was placed with his mother by the Indian court. He was picked up by his mother at the airport and remained in her care.
Plaintiffs cite the alternate special needs ground of §
Jonathan also was not a child difficult to place. Jonathan was born on December 24, 1981, and was physically in his pre-adoptive home on March 2, 1982, within 10 weeks of his birth. Jonathan was brought to this country specifically for adoption by Ms. Genn.
The application for adoption subsidy in this case came 15 years after the adoption.5 DCF was unable to ascertain whether the child could have been returned to his parents in India. See
The record also contains evidence that Jonathan was not a special needs child at the time of the adoption. (R. Exhibits 40c and 40d.) Certainly his conditions which qualify him for Social CT Page 13620 Security Supplemental Security Income (SSI) are substantial; however, Exhibit #9 reflects a high average IQ and good academic achievement.
A basic principle of administrative law is that the scope of the court's review of an agency's decision is very limited. General Statutes §
Furthermore, "Judicial review of conclusions of law reached administratively is also limited. The court's ultimate duty is only to decide whether, in light of the evidence, the agency has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion." Conn. Light Power Co. v. Dept. of Public UtilityControl,
"Judicial review of [an administrative agency's] action is governed by the Uniform Administrative Procedure Act, and the scope of that review is very restricted . . . Neither this court nor the trial court may retry the case or substitute its own judgment for that of the [administrative agency] . . . The court's ultimate duty is only to decide whether, in light of the evidence, the [agency] has acted unreasonably, arbitrarily, illegally, or in abuse of [its] discretion." (Citations and internal quotation marks omitted.) Board of Education v. Freedomof Information Commission,
Nevertheless, where "the issue is one of law, the court has CT Page 13621 the broader responsibility of determining whether the administrative action resulted from an incorrect application of the law to the facts found or could not reasonably or logically have followed from such facts. Although the court may not substitute its own conclusions for those of the administrative board, it retains the ultimate obligation to determine whether the administrative action was unreasonable, arbitrary, illegal or an abuse of discretion." United Parcel Service, Inc. v.Administrator, Unemployment Compensation Act,
The plaintiffs' appeal is from a discretionary decision. Section
The appeal is dismissed.
Robert F. McWeeny, J.