In re A.R.

679 A.2d 470, 1996 D.C. App. LEXIS 121
CourtDistrict of Columbia Court of Appeals
DecidedJune 20, 1996
DocketNo. 94-FS-1260
StatusPublished
Cited by42 cases

This text of 679 A.2d 470 (In re A.R.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.R., 679 A.2d 470, 1996 D.C. App. LEXIS 121 (D.C. 1996).

Opinions

SCHWELB, Associate Judge:

In June 1994, following a two-day fact-finding hearing, the trial judge terminated the parental rights1 of the father and mother of appellee AR., a boy who was then six years of age. On appeal, the father, who is the sole appellant, contends primarily that the judge abused her discretion in terminating his rights because1 she did not interview A.R. and because she failed to ascertain A.R.’s opinion of his own best interests. We affirm.

I.

THE FACTS

A A.R.’s History.

A.R. was bom on December 4, 1987. His mother is a paranoid schizophrenic who has abused unlawful drugs, engaged in assaultive conduct against social workers, and contemplated suicide. A.R.’s father has been convicted, inter alia, of distribution of cocaine, and he has been incarcerated for substantial portions of his son’s life.

On August 30, 1990, the District filed a neglect petition in the Superior Court alleging that A.R., then two and a half years old, had been found on the corner of Fourteenth and Swann Streets, N.W., without adult supervision. At that time, the whereabouts of A.R.’s father were unknown. The mother stipulated that AR. was a neglected child because her mental illness precluded her from caring for him adequately. AR. was placed in shelter care, and he was subsequently committed to the custody of the Department of Human Services (DHS).

In late 1990, through the offices of the Methodist Board of Child Care, A.R. was placed in the foster home of Mrs. Fay Dent and her husband, Reginald Dent. Mrs. Dent, an articulate woman of considerable sophistication,2 testified movingly about AR.’s condition when he came to her home. She explained that, although he was two years and ten months old, he was unable to speak and “babbled like an infant.” A.R. was not yet toilet-trained, and he was unfamiliar with eating utensils. Indeed, “[w]hen he would try to drink out of a cup he would literally turn it upside down and the liquid would cover his nose and then he would choke.” He ate hurriedly, “like a child who had not had anything to eat on a regular basis.” A.R. was found to be hyperactive, and he suffered from attention deficit disorder.

The Dents introduced AR. to a regimen of structure and love, and he received medication as well as occupational, physical and speech therapy. He also had the opportunity to play with the four other children in the home. A.R. soon showed dramatic improvement. Mrs. Dent testified that

A.R. went into a normal kindergarten class and he was able to excel like a little king so to speak.... He went in, he stayed on task with the class, he received progress reports that said outstanding student, good working habits. When he left, [to go] to the new place, he actually was at the top of his class.

The Dents had hoped to adopt AR. In August 1991, however, Mr. Dent suffered a massive heart attack. He became disabled, and the family’s financial situation deteriorated. Mrs. Dent testified that, for these reasons, the Dents felt unable to go through with their plans for adoption. Mrs. Dent stated that, in her view, A.R. was an adoptable child.

In December 1993, AR. was moved to a “preadoptive” home with Ricky and Aleta Armstrong. This placement, however, [472]*472proved unsuccessful, apparently because A.R. did not regularly receive the medication which had been prescribed to control his hyperactivity and his attention deficit disorder. In April 1994, it came to the attention of DHS, inter alia, that A.R. had been assaulting younger children and stealing and hoarding food, that he had poured calamine lotion on the rug, and that he had tried to choke the family’s pet rabbit.

On May 19,1994, A.R. was moved to a new preadoptive home with the Harris family. The Harrises live near the Dents, and they knew A.R. from his three-year sojourn in the Dent household. A.R. received his medication regularly, and his behavior promptly improved. A DHS social worker testified that the new adoptive family “is definitely able to meet [A.R.’s] needs” and that “this is the perfect family for him right now.” The judge found that, as a result of this move, “life turned around for A.R.” At the time of the hearing, however, A.R. had been with the Harrises for only one month. The social worker acknowledged that she had visited the Harris home only once, that the other children were at school at the time of her visit, and that she had therefore been unable to observe A.R.’s interaction with them.

B. The Biological Parents’ Relationship WithAR.

During the period that A.R. was living with the Dents, he received occasional visits from his mother. These visits apparently upset him, and there was testimony that he regressed in his behavior in their wake and that he reverted to bed-wetting. At the time of the hearing, the mother was living in a shelter in New York City. She presented no evidence and has not joined this appeal.

The father contacted one of the social workers by telephone in the spring of 19923 and expressed interest in visiting A.R. Neither he nor the social worker followed up on the contact, and it appears that the father was again incarcerated soon thereafter. The father next contacted DHS in June 1994, a few days before the hearing on the motion to terminate parental rights. Once again, the father expressed the hope that he could visit his son.

The social worker declined to arrange a visit. She explained her refusal by claiming that contact with the father would have upset A.R. because he had been moved to the home of the Harris family only a short time earlier. The social worker also indicated that she wished to defer a decision on the proposed visit until after the TPR motion had been decided.

C. The Trial Court Proceedings.

On April 7, 1993, A.R.’s guardian ad litem (GAL) filed a motion to terminate the parental rights of the father and of the mother. There was considerable delay in bringing the motion to trial because the father’s whereabouts were unknown. A fact-finding hearing was ultimately held on June 17 and 20, 1994.

Mrs. Dent and three social workers who had been assigned to A.R.’s ease testified at the .hearing. Collectively, their testimony was as summarized above.

At the conclusion of the GAL’s case, the father’s attorney orally moved for judgment, contending that the GAL had failed to prove by clear and convincing evidence that a TPR was in A.R.’s best interest. He first argued that there was insufficient evidence that A.R. had been integrated into the Harris home. The judge rejected the contention that such proof was necessary, noting that

the child doesn’t have to be currently integrated. He has to need to be integrated. And, if the need is there he could have no placement whatsoever. He could be sitting around in a group home or some such place waiting to be placed. So, we don’t need all that evidence about how well he is doing at the Harrisfes].

Counsel for the father then argued that the GAL’s proof was insufficient because the statute requires, “to the extent feasible[,] a child’s opinion of his or her own best inter[473]*473ests in the matter[,][and][w]e have no evidence on that.” The judge disagreed:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Petition of T.W.M.
18 A.3d 815 (District of Columbia Court of Appeals, 2011)
Brooks v. District of Columbia Housing Authority
999 A.2d 134 (District of Columbia Court of Appeals, 2010)
In re T.J.L.
998 A.2d 853 (District of Columbia Court of Appeals, 2010)
Ynclan v. Woodward
2010 OK 29 (Supreme Court of Oklahoma, 2010)
P.F. v. N.C.
953 A.2d 1107 (District of Columbia Court of Appeals, 2008)
In Re McMillan
940 A.2d 1027 (District of Columbia Court of Appeals, 2008)
Long v. United States
940 A.2d 87 (District of Columbia Court of Appeals, 2007)
In re B.J.
917 A.2d 86 (District of Columbia Court of Appeals, 2007)
In re A.G.
900 A.2d 677 (District of Columbia Court of Appeals, 2006)
In re Petition of H.B.
855 A.2d 1091 (District of Columbia Court of Appeals, 2004)
In Re HB
855 A.2d 1091 (District of Columbia Court of Appeals, 2004)
In re J.G.
831 A.2d 992 (District of Columbia Court of Appeals, 2003)
In Re TS
829 A.2d 937 (District of Columbia Court of Appeals, 2003)
In Re Jam. J.
825 A.2d 902 (District of Columbia Court of Appeals, 2003)
In Re SS
821 A.2d 353 (District of Columbia Court of Appeals, 2003)
In Re Ja. J.
814 A.2d 923 (District of Columbia Court of Appeals, 2002)
In re D.M.
771 A.2d 360 (District of Columbia Court of Appeals, 2001)
Lewis v. Voss
770 A.2d 996 (District of Columbia Court of Appeals, 2001)
Rivas v. United States
734 A.2d 655 (District of Columbia Court of Appeals, 1999)
In re C.T.
724 A.2d 590 (District of Columbia Court of Appeals, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
679 A.2d 470, 1996 D.C. App. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ar-dc-1996.