In re Angel N.

679 A.2d 1136, 141 N.H. 158, 1996 N.H. LEXIS 69
CourtSupreme Court of New Hampshire
DecidedJuly 2, 1996
DocketNo. 94-878
StatusPublished
Cited by13 cases

This text of 679 A.2d 1136 (In re Angel N.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Angel N., 679 A.2d 1136, 141 N.H. 158, 1996 N.H. LEXIS 69 (N.H. 1996).

Opinions

Broderick, J.

The Hillsborough County Probate Court (Cloutier, J.) granted the petition of the State Division for Children, Youth, and Families (DCYF) to terminate the parental rights of Kathleen B. (Kathleen) and Richard N. (Richard) over their daughter, Angel N. (Angel). The parents appeal independently. We affirm.

Angel was born on March 11, 1989. Because of previous history involving Kathleen and DCYF and concerns expressed by hospital personnel about the parents’ conduct, DCYF provided a visiting nurse and a social worker as daily support to the family once Angel was brought home from the hospital. Despite the early assistance, when Angel was two weeks old, her mother reported to DCYF that she and Richard had been fighting and that Richard had dropped Angel into her bassinet.

As a result, DCYF filed neglect petitions against both parents in the Nashua District Court. Both parents consented to the neglect petitions. DCYF obtained legal custody of Angel and placed her in temporary foster care.

After five days, Angel was returned to her mother, who was then separated from Richard and sharing an apartment with another man. Thereafter, DCYF provided both parents with outpatient counseling, parenting classes, and transportation.

In apparent disregard of a restraining order allowing Richard and Kathleen to have “peaceful contact” outside Angel’s presence, Kathleen and Richard had yet another altercation in Angel’s presence in downtown Manchester on July 25, 1989. After Richard ran from the scene, several witnesses observed Kathleen strike Angel on her head and back, causing red welts. The police officer dispatched to the scene reported that Kathleen asked him to “find someone to take the baby” because she could not properly care for her. DCYF, which still retained legal custody, once again placed Angel in foster care.

During this separation, DCYF continued to provide support services to both Kathleen and Richard. Reports to the district court during this period revealed that Kathleen displayed “[u]ncontrolla[160]*160ble outbursts and mood shifts”; that “[w]hile she may comply with [court-ordered therapy], it appears she would be ‘going through the motions’, resisting change and cognitively unable to benefit much from therapy”; that although she had “made some gains,” she had “much further to go before the prospect of reuniting her with Angel occurs”; and that she needed “further help in dealing with increased or unpredictable stress.” Similarly, reports on Richard’s progress noted that he had not consistently exercised good judgment during visitations with Angel, that he “resumed drinking and stopped keeping his appointments and fulfilling his responsibilities in general,” and that “[o]verall, Richard does not at this time appear a realistic candidate for independent care of his daughter.”

DCYF continued its goal that Angel be returned to her mother. Visitation was increased and decreased based on Kathleen’s and Richard’s behavior. Although the district court ordered that both Kathleen and Richard “maintain a stable home,” both continued to move frequently.

Angel was reunited with Kathleen on August 26, 1991, after more than two years of separation. The reunion was short-lived. On September 23, 1991, following a physical assault on Kathleen by her male roommate in Angel’s presence, Kathleen agreed that her daughter should return to foster care. On October 16, 1991, after Kathleen secured a “stable and appropriate residence,” DCYF returned Angel to her care once again.

One month later, Kathleen and Richard were involved in yet another violent altercation in Angel’s presence. The argument culminated in Kathleen stabbing Richard in the arm with a steak knife. For the fourth and final time, Angel was placed in foster care.

DCYF continued to provide parenting classes and counseling; progress was slow. The underlying theme in reports to the district court was that it was “too soon” to consider reunification, even though DCYF had been working with the parents for more than three years with no demonstrable improvement.

In early 1992, Kathleen was counseled to “stay away from” her abusive relationships with Richard and her male roommate; nevertheless, she lived twice with Richard and twice with the male roommate, notwithstanding the assaults that resulted in Angel’s third and fourth foster care placements.

The district court continued to review their progress. It noted that both Richard and Kathleen were awaiting the outcome of felony proceedings for theft in the superior court, for which Richard was later sentenced to six months in the house of correction. The court also acknowledged the concern of Angel’s counsel that Richard and [161]*161Kathleen “have a long history of short-term improvement which deteriorates into long-term problems,” and his fear that their past pattern of behavior would be repeated. Reports to the district court noted once again that Richard and Kathleen needed “continued services to learn parenting skills and anger management,” and “additional time to reach their goals.”

In July 1993, Richard and Kathleen had three altercations. The first was an incident of kicking; two additional fights involved hitting, punching, and choking. The district court responded that these events “raise continued concerns about the wisdom of having Angel returned home to her parents.” The court continued:

The parties^] . . . progress is unavoidably slow, which operates to the detriment of Angel since the court is unable to reach the statutory and regulatory objective of providing a permanency plan within a time frame which is appropriate for Angel’s welfare. The court has no specific calendar date on which it intends to make a final decision. However, the passage of time is alone becoming an issue, and the progress of the parties will be watched very closely in the ensuing months. If sufficient progress is not achieved, the court would expect [DCYF] to pursue its sometime objective of termination of parental rights.

In early 1994, DCYF petitioned the probate court to terminate Kathleen’s and Richard’s parental rights. Following four days of hearings, the probate court found beyond a reasonable doubt that Richard and Kathleen had failed to correct the conditions leading to the neglect finding within eighteen months and terminated their parental rights. See RSA 170-C:5, III (1994). These appeals followed.

Our standard of review is statutory: “The findings of fact of the judge of probate are final unless they are so plainly erroneous that such findings could not be reasonably made.” RSA 567-A:4 (Supp. 1995). Consequently, “[w]e will not disturb the probate court’s decree unless it is unsupported by the evidence or plainly erroneous as a matter of law.” In re Sheena B., 139 N.H. 179, 181, 651 A.2d 7, 9 (1994).

Kathleen first argues that the termination order was tainted by erroneous factual findings. She maintains that one of her children who was previously given up for adoption was not “from a prior marriage.” We agree that this statement is inaccurate. That the probate court erred in reciting part of her personal history, however, does not support her contention that it “relied” on this misstatement in its determination. The probate court’s articulated [162]*162basis for granting the termination petition was devoid of any reference to Kathleen’s other children. See State v. Jones,

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Bluebook (online)
679 A.2d 1136, 141 N.H. 158, 1996 N.H. LEXIS 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angel-n-nh-1996.