In Re Amanda M.

626 A.2d 1277, 1993 R.I. LEXIS 177, 1993 WL 225643
CourtSupreme Court of Rhode Island
DecidedJune 25, 1993
Docket92-525-M.P.
StatusPublished
Cited by5 cases

This text of 626 A.2d 1277 (In Re Amanda M.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Amanda M., 626 A.2d 1277, 1993 R.I. LEXIS 177, 1993 WL 225643 (R.I. 1993).

Opinion

OPINION

SHEA, Justice.

This matter comes before the Supreme Court by way of a petition of the plaintiff, the Department for Children, Youth and Families (DCYF), for certiorari to review an order of a Family Court justice granting the request of the defendant, Dawn McCormick (the mother), for the payment of one month’s rent on her apartment. We reverse the Family Court order for the payment of one month’s rent.

The mother’s problems with the neglect of her children, Amanda (aged six) and Brittany (aged two), extend back to September of 1991. On September 6, 1991, DCYF received a report alleging that one of the mother’s boyfriends had sexually molested Amanda. The DCYF investigated the incident and thereafter filed an abuse- and-negleet petition in Family Court, whereupon DCYF was granted temporary custody of Amanda and placed her with the maternal grandmother.

The mother admitted to being homeless in December of 1991. In an effort to allow Brittany to remain at home with her, DCYF assisted in obtaining housing and funded the first and last months’ rent. Subsequently, on February 11, 1992, the mother admitted use of cocaine to a DCYF social worker and was referred to alcohol and drug rehabilitative services. A “petition for neglect and/or dependancy” was filed in regard to Brittany, who was still at home, on the basis of the mother’s admissions.

On February 28, 1992, the mother admitted to neglect. Amanda and Brittany were both committed to the care, custody, and control of DCYF. Both were placed with the maternal grandmother by order of the Family Court. As part of the plea agreement the Family Court justice further ordered the mother to get substance-abuse treatment and attend individual-counseling and sexual-abuse-counseling sessions for nonoffending parents. The DCYF was ordered to fund the first and the last months’ rent to allow the mother to obtain appropriate residence. Brittany was to be returned *1278 to the mother after four weeks, and Amanda was scheduled to be returned at the end of the school year. The mother complied with the requirements outlined in the order, and Brittany was returned in April and Amanda in June.

In July 1992 the mother voluntarily placed Amanda back with the maternal grandmother because of the child’s unhappiness. At the six-month case review in August of 1992, the Family Court justice issued a restraining order in which he restrained and enjoined the mother’s boyfriend,- Thomas Watson, from being in the children’s presence. The Family Court justice relied on Watson’s long criminal record, the mother’s corresponding deterioration in sobriety when associated with Watson, and her previous failure to protect Amanda. Brittany remained at home, but Amanda was ordered to remain placed with the maternal grandmother on the basis of the fact that the mother had already voluntarily placed her there in July.

Only one month after the review, DCYF filed an emergency motion for change of placement and suspension of overnight visitation. This motion came on for a hearing on September 29, 1992. The basis of the motion was that the mother had violated the previous order and had continued to allow Watson to live in her home. In addition the mother had begun to regress in her alcohol-and drug-treatment program, producing “dirty” urine screens on August 14 and August 23, 1992, and failing to contact the program from September 1 through September 10, 1992, and again from September 12 through September 19, 1992.

The hearing justice ordered Brittany to be removed from the home and placed her with the maternal grandmother. At the request of the mother, DCYF was ordered to fund one month’s rent. The DCYF sought a stay of the rent order, and it was denied. That rent order is the issue that brings this case before us for review.

The defendant contends that since the rent has been paid, the issue is moot. We disagree. Although it would clearly be impracticable to order that the rent be paid back by the mother in this case, we shall address the issue of the Family Court’s order of a rental payment for future applications. Even if this court finds an appeal moot on the particular facts before us, we have stated that

“[a]s a general rule we only consider cases involving issues in dispute; we shall not address moot, abstract, academic, or hypothetical questions. * * * This rule is not absolute, however. Although moot, questions of extreme public importance, which are capable of repetition, but which evade review, command our attention and will be addressed.” Morris v. D’Amario, 416 A.2d 137, 139 (R.I.1980).

The issue before us is certainly capable of repetition, and we find it a matter of extreme public importance to clarify the obligations of DCYF in future similar situations.

We have held repeatedly that the authority of the Family Court to act in a given situation must be expressly conferred by G.L.1956 (1985 Reenactment) § 8-10-3, as amended by P.L.1992, ch. 326, § 1. In re Nicole G., 577 A.2d 248, 251 (R.I.1990)(citing In re Debra, 445 A.2d 577 (R.I.1982); Paolino v. Paolino, 420 A.2d 830 (R.I.1980)). See also Christensen v. Christensen, 121 R.I. 272, 397 A.2d 900 (1979). The Family Court does have, however, “the power to enter such decrees and orders as may be necessary or proper to carry into full effect all the powers and jurisdiction conferred upon it by law.” Goldstein v. Goldstein, 109 R.I. 428, 430, 286 A.2d 589, 591 (1972).

Pursuant to G.L.1956 (1988 Reenactment) § 15-7-7, as amended by P.L.1992, ch. 206, § 2, DCYF has a duty to make reasonable efforts to reunite families. In re Kenneth, 439 A.2d 1366 (R.I.1982). In situations in which reunification is in the best interests of both the children and the state, the Family Court has the power to enter orders designed to bring about such reunification. In re Nicole G., 577 A.2d at 251. “[I]t is apparent that [DCYF] has an ongoing duty to make reasonable efforts to reunify the families of children in its care.” *1279 Id. at 249. We have defined the reasonable-efforts standard in our adaptation of New York’s Legislative guidelines in the case of In re Armand, 433 A.2d 957 (R.I.1981).

“In In re Armand, 433 A.2d 957 (R.I.1981), this court adopted guidelines earlier enunciated by the Legislature of the State of New York to judge [DCYF’s] compliance with the reasonable-efforts requirement.

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Cite This Page — Counsel Stack

Bluebook (online)
626 A.2d 1277, 1993 R.I. LEXIS 177, 1993 WL 225643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amanda-m-ri-1993.