Citation Numbers: 1999 Conn. Super. Ct. 9089
Judges: SCHUMAN, JUDGE. CT Page 9090
Filed Date: 7/12/1999
Status: Non-Precedential
Modified Date: 4/18/2021
ADJUDICATION
The petitions allege that all three children were neglected in that they were denied proper care and attention, physically, educationally, emotionally, or morally, pursuant to General Statutes §
DCF has the burden of proving these grounds by a fair preponderance of the evidence. Practice Book §
DCF produced of great deal of largely hearsay evidence that the father sexually abused Bianca, and that the father and, to a lesser extent, the mother physically abused all three children. In sum, the evidence concerning sexual abuse showed that, for a period of time prior to October, 1997, the father engaged in CT Page 9091 twenty to thirty incidents of sexual touching, including manual penetration, of Bianca's vaginal and anal areas and some rubbing of her breast area. During at least one incident of sexual abuse, the other two girls were on the same sofa bed at the time, although apparently they did not see what had happened. These incidents stopped in October, 1997, when Bianca told her mother about them.
The evidence concerning physical abuse was that her father attempted to discipline Bianca on a number of occasions by hitting her with electrical cords and belts. On one occasion the father pushed her against a wall causing her mouth to bleed. On another occasion, the father threatened her with a knife. The mother hit Bianca on the hand with a coat hanger. According to Bianca, all the girls were hit with coat hangers and electrical cords. Toni was hit in the hands on two or three occasions with a belt. Nicole received spankings with belts and hangers. There was also general testimony from the children that the parents were hitting them too much or "abusing" them.
The central issue in the trial was whether to credit these statements.3 The court has decided to do so. In addition to the other factors that led to the admissibility of the statements, see note 3 supra, the reason for crediting them was their repeated and corroborated nature. Bianca related the same account of sexual touching by her father, with varying degrees of detail, to two different DCF investigators, one of whom was accompanied by a state trooper, to her therapist, and to an examining pediatrician. To the same people, excluding her therapist, Bianca also gave accounts of being hit by her parents with instruments The pediatrician, who was an expert in the area of child abuse, testified that hyperpigmented marks on Bianca's left forearm and right thigh were consistent with the history of inflicted injuries with an instrument. The mother herself admitted to DCF that she had hit Bianca on the hand with a hanger. Bianca told one DCF investigator that she and her sisters were hit with coat hangers and electrical cords. Toni and Nicole both made statements about being hit with instruments to the other DCF investigator. Nicole added that she had seen her father push Bianca into a wall resulting in Bianca getting a bloody mouth or lip. Nicole made similar statements to the DCF case worker and general statements suggestive of abuse to her therapist.4
Given this evidence, which the court credits, the conclusion CT Page 9092 inescapably follows that the children were neglected. No dispute can exist that the father's sexual molestation of Bianca constitutes neglect and abuse of the most horrible sort. Equally obvious is the fact that the father's pushing Bianca into a wall or threatening her with a knife constitutes neglect and physical abuse. The court also finds that the parents' manner of disciplining all their children constitutes neglect. It is true that, under our law, a parent "entrusted with the care and supervision of a minor . . . may use reasonable physical force upon such minor . . . when and to the extent that he reasonably believes such to be necessary to maintain discipline or to promote the welfare of such minor . . ." General Statutes §
DISPOSITION
In the dispositional phase, the court may consider events occurring through the close of the evidentiary hearing. Practice Book §
The evidence revealed that, through the close of the trial, the parents have not taken responsibility for their mistreatment of their children and they have not obtained counseling that the court had earlier recommended. The father in particular has been confrontational with several DCF workers and with the foster mother of Bianca and Toni. While a videotape of one of the supervised visits revealed the mother's conduct to be fully appropriate and caring, the father at times would inappropriately raise the topic of neglect proceedings and DCF custody in front of the children. The testimony convincingly established that the father made a practice of doing so during visits and monitored phone calls. CT Page 9093
Of grave concern is the father's use of racial slurs or derogatory racial references with DCF, occasionally during the phone calls with the children. Such racial comments obviously have no place in American society. To the extent that the father has used such comments in the presence of the children, they constitute a continuing form of neglect of the children's educational and moral needs. The evidence, in sum, revealed the father to be a very angry man, much in need of counseling and other state intervention.
All three children are in therapy. Bianca and Toni are doing well together in a foster home. Nicole is in a different foster home but sees her sisters once or twice a week. Bianca has not expressed any desire to go home. A criminal protective order, imposed after the father's recent arrest for the underlying sexual and physical abuse of Bianca, prevents the father from having any contact with her. Toni and Nicole have expressed a desire to return home.
Weighing this evidence, the court believes that the best interest of Bianca, Toni, and Nicole favor commitment to DCF for a period of one year. The fact that the parents have consistently visited and phoned the children and regularly expressed an interest in their well-being, although frequently in inappropriate ways, does leave open the possibility of eventual reunification. At this time, however, and until the parents have accepted responsibility for their actions and obtained counseling and other treatment, the parents, and particularly the father, would pose a continuing danger to children living in their home.
CONCLUSION
For the foregoing reasons, the court adjudicates the children neglected and commits them to DCF for a period of one year. DCF shall submit, for the court's approval, proposed specific steps consistent with those outlined during the trial.
It is so ordered.
Carl J. Schuman Judge, Superior Court