In re Adoption/Guardianship No. T98314013

758 A.2d 552, 133 Md. App. 401, 2000 Md. App. LEXIS 132
CourtCourt of Special Appeals of Maryland
DecidedAugust 30, 2000
DocketNo. 2321
StatusPublished
Cited by2 cases

This text of 758 A.2d 552 (In re Adoption/Guardianship No. T98314013) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption/Guardianship No. T98314013, 758 A.2d 552, 133 Md. App. 401, 2000 Md. App. LEXIS 132 (Md. Ct. App. 2000).

Opinion

HOLLANDER, Judge.

The Baltimore City Department of Social Services (the “Department”), appellee, filed a petition for guardianship with the right to consent to adoption or long-term care short of adoption (the “petition”), seeking to terminate the parental rights of Donna W., appellant, as to her daughter, Jimetra D.1 After a hearing on October 26, 1999, at which the parties proceeded by way of proffer, the Circuit Court for Baltimore [404]*404City granted the petition. Appellant timely noted her appeal and poses one question for our consideration, which we have rephrased slightly:

Was the evidence legally sufficient to terminate the parental rights of the natural mother?[2]
For the reasons that follow, we shall affirm.

FACTUAL BACKGROUND

Jimetra was born in Baltimore on May 26,1994, to appellant and Jimmy D. Jimetra’s father is not a party to this appeal, however. Appellant also has an older daughter, India. The record does not disclose India’s date of birth or age, or whether Jimmy D. is her father.

Several months before Jimetra’s seeond birthday, on February 27,1996, appellant’s mother (the “Grandmother”)2 3 went to appellant’s residence to visit and discovered that appellant had left Jimetra alone in the residence. Because the Grandmother heard Jimetra crying but could not gain access into the home, she contacted a Baltimore City police officer, who made a forced entry. The incident of suspected neglect was reported to the Department, and Jimetra was immediately placed in the care of her Grandmother, who had apparently cared for Jimetra previously, when appellant was incarcerated.4 Moreover, in 1991, appellant had voluntarily placed India in the care of the Grandmother.

[405]*405On February 28,1996, the Department filed a petition in the circuit court alleging that Jimetra was a “child in need of assistance” (“CINA”), pursuant to Md.Code (1974, 1998 Rep. Vol., 1999 Supp.), § 3-801(e) of the Courts & Judicial Proceedings Article (“C.J.”).5 Thereafter, the circuit court issued a shelter care order and the Department placed Jimetra in her Grandmother’s care.

An uncontested adjudicatory hearing was held on March 27, 1996, at which appellant, who was present and represented by counsel, entered into a stipulation with the Department. Although that stipulation is not included in the record, counsel for the Department addressed the terms of that stipulation at the October 1999 termination hearing, stating:

[Tjhat. the mother was in a—was currently in a drug treatment program, that she had been attending since June of 1995, and that she was in that program four days a week to address substance abuse issues, and that at that time Mother indicated that she had been drug-free for 18 months.
The stipulation also indicated that the daycare—the drug treatment program prohibited the Mother from bringing her children to the drug treatment program with her and that on the occasion of February 27th, 1995, Mother did not have anyone to care for ... Jimetra____
The stipulation further indicates, Your Honor, that the Mother was currently on parole and that she was being closely supervised by her parole officer and that the, the Mother had been attending drug treatment regularly and undergoing random drug tests and that all those tests had [406]*406been negative for illicit substances, that the father of the child did not participate in the child’s care and that his whereabouts remained unknown, and that the [Grandmother] was willing to continue to care for this child while the Mother continued her drug treatment and worked toward reunification.
... [T]he stipulation ... indicated that the Mother was to have liberal visitation with the child, as arranged by [the Grandmother] and herself; that the Mother was to cooperate with the Department; and that the Department agreed to refer the Mother for parenting classes; and that the Mother agreed to continue in substance abuse treatment, including urinalysis and recommended aftercare services.

Following the hearing in March 1996, the Department evidently had difficulty in arranging meetings with appellant. Appellant also failed to provide the Department with confirmation of her continued participation in a drug treatment program. Moreover, between the adjudicatory hearing on March 27, 1996, and the disposition hearing on May 22, 1996, Donna W. only visited Jimetra on one occasion.

A disposition hearing was held on May 23, 1996, at which appellant appeared with counsel. Again, the parties proceeded by stipulation, agreeing that Jimetra was a child in need of assistance and to commitment to the Department for continued relative placement. At the October 1999 termination hearing, the Department’s attorney reviewed the stipulation from the disposition hearing, stating:

[T]he Department had attempted to meet with the Mother to discuss plans for reunification but had been unable to do so; ... the Mother had had one visit with [Jimetra] since the March 26th, 1996, hearing; and ... the Department had received no information from the Mother as to her continued participation in drug treatment or her random urinalysis testing.
At that time, the child had no special needs, and the parties agreed to a finding of CIÑA and commitment to the Department ... for relative placement and that further [407]*407disposition orders were that the Mother was to participate in substance abuse treatment, including random urinalysis and recommended aftercare. Mother was to maintain regular visitation with the child as arranged by the caretaker. Mother was to complete parenting classes and cooperate with the Department; that the Mother was to maintain regular contact with the Department and enter into a Service agreement with the Department and Mother was to provide the Court and the Department with documentation of her participation in [a] drug treatment program and release the results of her random urinalysis to the Department____

Subsequently, the Department drafted several service agreements. Nevertheless, appellant never agreed to the terms of a service agreement. Moreover, the Department claimed that appellant’s visits with Jimetra after May 1996 were “somewhat sporadic,” interrupted in part by an additional period of incarceration for a violation of probation. Additionally, appellant did not provide the Department with documentation concerning: (1) participation in a drug treatment program; (2) participation in a parenting class; or (3) the results of random urinalysis tests.

Jimetra did very well in her Grandmother’s home.6 Both Jimetra and India were in their Grandmother’s care until January 1999, when the Grandmother unexpectedly died from a stroke. Thereafter, both girls were placed with Sherine G., a maternal relative. At that time, appellant had not yet secured full-time employment, and she had only lived in her home for about a month. According to the Department’s proffer at the termination hearing, Jimetra “made an appropriate adjustment to the maternal aunt’s home.” Appellant did not visit Jimetra in Sherine’s home, however, because of [408]

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In Re Adoption/Guardianship No. T00032005
786 A.2d 64 (Court of Special Appeals of Maryland, 2001)
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772 A.2d 1277 (Court of Special Appeals of Maryland, 2001)

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Bluebook (online)
758 A.2d 552, 133 Md. App. 401, 2000 Md. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoptionguardianship-no-t98314013-mdctspecapp-2000.