In re Antonio W.

790 A.2d 125, 147 N.H. 408, 2002 N.H. LEXIS 3
CourtSupreme Court of New Hampshire
DecidedFebruary 5, 2002
DocketNo. 2000-386
StatusPublished
Cited by13 cases

This text of 790 A.2d 125 (In re Antonio W.) 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 Antonio W., 790 A.2d 125, 147 N.H. 408, 2002 N.H. LEXIS 3 (N.H. 2002).

Opinion

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 Cristal S. over her sons, Antonio W. and Daniel M., pursuant to RSA chapter 170-C (1994 & Supp. 2001). We affirm.

The record supports the following facts. Daniel was born in November 1990. In April 1993, DCYF filed a petition in the Nashua District Court charging Cristal S. with neglect. Under the terms of a consent order, Daniel remained in the custody of his mother, DCYF was granted legal custody and Cristal was obliged to participate in various services offered by DCYF. The case was closed in January 1995 and Daniel was returned to the legal custody of his mother.

Between April 1994 and May 1996, DCYF received twelve reports concerning Daniel, alleging physical abuse or neglect by Cristal and sexual abuse by two male acquaintances of Cristal. Based upon these reports, DCYF made an unannounced home visit on May 28, 1996, and found that Cristal had placed Daniel with his paternal grandparents because he was “out of control.” The DCYF worker noted that the home was dirty and that Cristal had carved her son’s initials in her arm with a safety pin, drawing blood, to prove her love for him. Cristal admitted that she was “out of control” and threatened to kill herself if DCYF took Daniel. DCYF met with Daniel’s paternal grandmother, who acknowledged that because of her illness she could not care for him.

In May 1996, DCYF filed another petition for neglect in the Nashua District Court. In its ex parte order, the court made a preliminary finding that Daniel was in imminent danger and promptly placed him in the [410]*410protective custody of DCYF. Following an adjudicatory hearing, the court found Daniel was neglected within the meaning of RSA 169-C:3, XIX(c) (1994), and awarded legal custody to DCYF. Cristal was ordered to participate in a partial inpatient hospitalization program, to follow its recommendations and to secure and maintain suitable housing in order for Daniel to be returned to her care. Daniel was placed at St. Charles Home, and Cristal was allowed weekly supervised visitation.

While at St. Charles, Daniel exhibited sexualized behavior not typical of children his age and extreme even when compared to other children at St. Charles who had been sexually abused. This behavior intensified during and after visits by his mother. In response, St. Charles created a visitation treatment plan for Cristal and constantly redirected her behavior during visits. In August 1998, Daniel told his therapist that his mother had touched his “private parts.” After visits with Cristal were reduced, Daniel disclosed more about inappropriate sexual contact with his mother and her boyfriends. Although we do not relate in graphic detail the disclosed conduct, it was profoundly disturbing.

Antonio was born in September 1996. In October 1996, DCYF received a call from a physician at Nashua Pediatrics who was concerned because Cristal refused to admit Antonio to the hospital, against the physician’s advice, for failure to thrive. A DCYF child protective worker visited Cristal and persuaded her to take Antonio to the hospital. In November 1996, DCYF received a report from a physician that Cristal had not bonded with her son and that she lacked the competence to care for him. DCYF also learned that Antonio had been left with an inappropriate caregiver who was involved in a domestic altercation while holding him, causing the infant’s admission to a hospital emergency room. A DCYF social worker also reported that Cristal’s home environment was a “disaster.”

In early December, DCYF received a further report that Cristal had left Antonio with a friend, saying that she could no longer care for him, and attempted suicide. DCYF filed a petition for neglect in the Nashua District Court and was awarded temporary custody of the child.

During an adjudicatory hearing in January 1997, Cristal consented to a finding of neglect. The district court found that Antonio had a history of failure to thrive, that Cristal had been diagnosed with borderline personality disorder and that she needed intensive support services to care for Antonio. The court awarded legal custody to DCYF and ordered Cristal to attend therapy and to make appropriate living arrangements. Antonio remained in foster care, and Cristal was granted visitation rights provided no unrelated males accompanied her.

[411]*411Between November 1996 and February 1999, the district court held periodic review hearings to monitor Cristal’s compliance with its orders regarding both of her sons. On almost every occasion she was found not to be in compliance. At one hearing, although she was found to be in compliance, the court noted its concerns about inappropriate touching of Daniel and the presence of unrelated males during visits with Antonio. These specific violations were of ongoing concern, as were her failures to maintain a safe and clean home and regularly attend therapy.

In January and April 1999, DCYF petitioned to terminate Cristal’s parental rights to Antonio and Daniel, respectively, pursuant to RSA 170-C:5, III, alleging that she had failed to correct the conditions of neglect. Further review hearings were held in February, June and September. The court found that Cristal was not in full compliance with its orders, citing her erratic attendance at counseling and her inability to maintain a clean and safe apartment.

At the six-day termination hearing in February and March 2000, DCYF child protective service workers testified to Cristal’s noncompliance with court orders. Parent aides and social workers testified to their ongoing efforts to work with Cristal so she could maintain a clean and safe home and address the issue of unrelated males being present during Antonio’s visits. Cristal’s therapist testified that she suffered from borderline personality disorder which required long-term, consistent therapy, without which she would be unable to become an appropriate caregiver for her children. The therapist also testified that Cristal’s attendance at counseling had been irregular. Daniel’s therapist testified that, in her opinion, “Cristal would not be able to provide a safe, caring, nurturing environment for any child.” She described the interaction between Cristal and Daniel as “primitive” and “animalistic,” stating that this was “one of the most extreme cases [she had] ever seen of lack of boundaries and sexualized behavior between a mother and a child.” In addition, Daniel’s psychologist testified to the child’s revelations of sexual encounters with his mother. The court allowed this testimony solely upon Cristal’s failure to correct conditions of neglect and on its determination of the best interests of the child. The psychologist also testified that Daniel’s anxiety level decreased after visits with Cristal were terminated, and, in his opinion, returning Daniel to his mother’s care “would be very damaging [and] destructive.” The administrator of St. Charles Home testified that Cristal allowed Daniel to touch her in sexually inappropriate ways during visits. DCYF provided the court with a social study that it had conducted pursuant to RSA 170-C:9.

At the conclusion of the hearing, with respect to both children, the probate court ruled that Cristal had failed to correct the conditions which [412]*412led to the original findings of neglect and that it was in the children’s best interests to terminate her parental rights.

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Bluebook (online)
790 A.2d 125, 147 N.H. 408, 2002 N.H. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-antonio-w-nh-2002.