In Re Brooklyn M.

933 A.2d 1113, 2007 R.I. LEXIS 102, 2007 WL 3226954
CourtSupreme Court of Rhode Island
DecidedNovember 2, 2007
Docket2005-335-Appeal
StatusPublished
Cited by21 cases

This text of 933 A.2d 1113 (In Re Brooklyn 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 Brooklyn M., 933 A.2d 1113, 2007 R.I. LEXIS 102, 2007 WL 3226954 (R.I. 2007).

Opinion

OPINION

Justice ROBINSON

for the Court.

This is an appeal by a mother, Amanda D., from a decree entered in the Family Court terminating her parental rights as to her daughter, Brooklyn M. (born August 4, 1998), and her son, Isaiah D. (born August 17, 1999). For the reasons set forth in this opinion, we uphold the Family Court’s decision to terminate parental rights in the instant case.

FACTS AND TRAVEL

Amanda first became involved with the Department of Children, Youth and Families (DCYF) on December 11, 1995, when she was indicated 1 for verbal abuse against her son, Joshua S. 2 Following her *1116 treatment for substance abuse and participation in parent education classes and in the Early Intervention program, Amanda maintained six months of stability, and the case was closed.

DCYF reopened this lamentable case on January 17, 2001. After conducting five investigations concerning alleged excessive/inappropriate discipline and neglect by Amanda and after receiving several hotline telephone calls regarding Brooklyn and Isaiah, DCYF filed “straight” non-detention child neglect petitions with respect to each child on October 4, 2001. In its petitions, DCYF alleged: (1) that the parents of Brooklyn and Isaiah had failed to provide “a minimum degree of care, supervision or guardianship”; (2) that the children were without proper parental care and supervision; (3) that the father had abandoned and/or deserted the children; 3 and (4) that the children were at substantial risk of physical injury or that the mother had in fact inflicted injury, including excessive corporal punishment. DCYF further alleged in its petitions that Amanda had been arrested and arraigned for simple assault and domestic violence and that the children had witnessed the altercation as well as their mother’s arrest in connection with same. DCYF also alleged in its petitions that an advocate from the Women’s Resource Center had called the DCYF hotline and reported that she had witnessed Amanda slap her son, Jeremiah.

The Several Case Plans Prepared by DCYF

After filing the neglect petitions in October of 2001, DCYF prepared a series of case plans intended to address its concerns about Amanda’s fitness as a parent without removing the children from her home. 4 While the children were in her care, Amanda received public assistance and maintained an apartment in Newport.

The goal of the first case plan, dated October 24, 2001, was for Amanda to work on (1) improving her parenting skills; (2) achieving financial stability; (3) assuring home safety; and (4) providing for the children’s housing, clothing, food, educational, and medical needs. 5 Amanda refused to sign that case plan.

In connection with that first case plan, DCYF caseworker John Bernardo, who had been assigned to Amanda’s case in February of 2001, testified 6 that DCYF offered to make available the following services to Amanda: (1) parenting classes *1117 to be provided by Child & Family Services; (2) family services to be provided by Project Early Start (a Child & Family Services program); and (3) family counseling to be provided by the Family Preservation program. Mr. Bernardo testified that Amanda failed to participate in the Family Preservation counseling services while the first case plan was pending. Moreover, although she did attend some parenting classes, Mr. Bernardo testified that she did not comply with DCYF’s recommendation that she attend additional parenting classes at Child & Family Services. It was further Mr. Bernardo’s testimony that Amanda did not complete the Project Early Start program.

When DCYF presented Amanda with a second case plan on May 3, 2002, referring her to (inter alia) the Family Preservation program, she again refused to sign the case plan, and she told the caseworker that she did not need to work on the issues that the case plan identified. At that point in time, the children were still residing in Amanda’s home.

Later in May of 2002, DCYF removed the children ex parte after being informed that Amanda had allowed Luis 7 to supervise the children in her absence and that she had tied Brooklyn and Isaiah to a bedpost as punishment. Brooklyn and Isaiah were placed in the care of their paternal grandmother. The testimony of Mr. Bernardo indicates that the two children have since bonded with their grandmother, who is a pre-adoptive parent. Mr. Bernardo testified as to his observations that Brooklyn interacts and talks openly with her grandmother and that Isaiah seems comfortable and happy and speaks frequently in that environment.

After the children were removed from Amanda’s care, subsequent case plans addressed the goal of reunification. A third case plan, dated July 11, 2002, identified the following as among the objectives for Amanda: (1) the improvement of parenting skills; (2) the provision of a safe and stable environment; (3) learning how to supervise appropriately; and (4) meeting the children’s housing, medical, mental health, food, clothing, and educational needs. Amanda refused to sign this third case plan, and she did not complete the tasks described therein. Mr. Bernardo testified that he indicated on the ease plan the fact that the mother refused to sign it. He testified that Amanda told him she would not sign the case plan because “[s]he didn’t trust DCYF and refused to sign documents.”

On September 4, 2002, after conducting a hearing on DCYF’s allegations of neglect, the Family Court formally committed Brooklyn and Isaiah to the care, custody, and control of DCYF. According to the decree issued by the Family Court on that date, Amanda admitted to the allegation of neglect that DCYF had made in that proceeding. Years later, on June 20, 2005, during the termination of parental rights trial, Amanda testified that, when she had admitted to the neglect of her children, she did not understand the charges that she was facing, adding that she knew very little about the legal system. 8

After the children were committed to DCYF custody, DCYF continued to prepare case plans for Amanda aimed at reunifying her with her children. Amanda’s *1118 fourth case plan, dated February 12, 2003, set forth the same goals as the earlier case plans and added as further requirements: (1) participation in a substance abuse evaluation; (2) mental health maintenance; and (3) abstention from drugs and alcohol. As happened with respect to the earlier case plans, Amanda did not sign this document.

Amanda also refused to sign a fifth case plan, dated September 5, 2003. Mr. Bernardo testified that Amanda did not complete the tasks contained in that case plan; those tasks included maintaining a legal source of income and refraining from the use of drugs and alcohol.

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Cite This Page — Counsel Stack

Bluebook (online)
933 A.2d 1113, 2007 R.I. LEXIS 102, 2007 WL 3226954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brooklyn-m-ri-2007.