In re C.E.

172 A.3d 476, 456 Md. 209
CourtCourt of Appeals of Maryland
DecidedOctober 20, 2017
Docket2/17
StatusPublished
Cited by9 cases

This text of 172 A.3d 476 (In re C.E.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re C.E., 172 A.3d 476, 456 Md. 209 (Md. 2017).

Opinion

Adkins, J.

In this CINA 1 case, we settle conflicting decisions from the Court of Special Appeals on the appealability of a juvenile court’s order waiving the government’s obligation to provide reasonable reunification efforts to families. In doing so, we also clarify which actions by a juvenile court “deprive” a parent of care or custody of a child as outlined by Maryland Code (1973, 2013 Repl. Vol.), § 12-303(3)(x) of the Courts and Judicial Proceedings Article (“CJP”).

We issued a writ of certiorari to consider two questions. First, did the Court of Special Appeals err in holding that the court’s order waiving reasonable reunification efforts was not a final order and not appealable? Second, did the juvenile court err in holding that a waiver of reasonable efforts pursuant to Md. Code. (1973, 2013 Repl. Vol., 2016 Supp.), CJP § 3-812 was constitutionally permitted?

We shall answer the first question no, holding that Petitioner had no right to an interlocutory appeal. We do not reach the second question.

I. FACTS AND LEGAL PROCEEDINGS

C.D., the mother of C.E., has an extensive history with Baltimore City Department of Social Services (“Department”). Under a series of saddening circumstances, all six of C.D.’s children have been adjudged CIÑA. The first finding occurred in 1998 and the latest in 2015. Juvenile courts have involuntarily terminated C.D.’s parental rights for four of her six children.

A. Involuntary Terminations of C.D.’s Parental Rights

C.D. suffers from several mental illnesses that prevent her from properly caring for her children. C.D.’s previous mental health diagnoses include paranoia, adjustment disorder, major depression, somatization disorder, borderline personality disorder, mania, and bipolar affective disorder. C.D. also demonstrated “fits of rage” and underwent psychiatric hospitalizations, yet she refused regular and continuing mental health treatment. Despite numerous services and referrals, juvenile courts repeatedly have found that C.D. displayed a complete inability to care for her children, control her emotions, or effectively communicate with her children and the Department.

As a result of her inability to care for her children, primarily attributed to her mental illnesses, C.D. lost parental rights to four of her six children. C.D.’s second child, I.S., was found to be a CINA in 1998. Her third child, L.B., was also found to be a CINA in 1999. In 2003, a juvenile court terminated C.D.’s parental rights over both I.S., and L.B. after a contested hearing. The Court of Special Appeals affirmed the juvenile court’s termination of C.D.’s parental rights. C.D.’s fourth and fifth children, J.D. and M.D., were both found to be CINA in 2012. After a contested hearing in 2014, C.D.’s parental rights with respect to J.D. and M.D. were also terminated. Again, the Court of Special Appeals affirmed. When C.D. had her sixth child in 2014, the Department intervened once again.

B. CINA Finding Regarding C.E.

C.E. was born prematurely in May of 2014. In June, C.E. was transferred from the neonatal intensive care unit at Johns Hopkins to Mount Washington Pediatric Hospital after complications arising from G.E.’s low birth weight. In July, before C.E. could leave the hospital in the care and custody of C.D., the Department filed a CINA Petition for shelter care of C.E. in the Circuit Court for Baltimore City. The Department alleged that C.D. had untreated mental health conditions that prevented her from caring for C.E. Two weeks later, the juvenile master approved the CINA petition and ordered C.E. into the Department’s custody. The Department then transferred custody of C.E. to relatives. An adjudicatory hearing was set for October of 2014. This hearing was postponed five times. The juvenile court agreed to four of these postponements to allow C.D. to hire an attorney—she hired and fired several in this timeframe.

On June 16, 2015, nearly a year after the Department filed its Petition, the court conducted an adjudicatory hearing and found C.E. was a CINA. 2 Shortly thereafter, the Department requested a waiver of the Department’s obligation to continue reasonable reunification efforts.

C. Department’s Waiver Request

The Department expended extensive resources and took substantial steps to provide C.D. with reasonable reunification services. The Department, through an assigned caseworker, made repeated referrals to assist C.D. in obtaining mental health treatment. C.D. refused to leave her home for mental health treatment. To appease C.D. the Department contacted twelve mental healthcare providers but each refused to provide in-home care to C.D. A social worker attempted to give C.D. psychiatric resources, but C.D. promptly ripped up the resources and handed them back to the social worker. C.D. rejected the transportation offered by the Department for visits with C.E. Although C.D. had a period of supervised biweekly visits with C.E., these visits were marred by C.D.’s emotional outbursts.

On July 9, 2015, the Department filed a Motion to Waive Reasonable Efforts to Reunify pursuant to CJP § 3-812. This statute permits the juvenile court to waive the Department’s obligation to continue reunification efforts under certain conditions. Specifically, CJP § 3-812(c) allows the Department to “immediately request the court to find that reasonable efforts to reunify the child with the child’s parent or guardian are not required,” if “any of the circumstances specified in subsection (b) of this section exists .... ” Subsection (b)(3) permits the Department to request a waiver if “a parent or guardian: ... [h]as involuntarily lost parental rights of a sibling of the child.”

The Department argued that it should not continue to provide reasonable reunification services because C.D. involuntarily lost her parental rights to four siblings of C.E. C.D., opposing the motion, argued that CJP § 3-812 violated her fundamental right to parent by unconstitutionally penalizing her for contesting the previous termination of her parental rights because the statute would not apply had she consented to the previous terminations. Further, she argued that application of the statute would end her ability to reunify with C.E.

After the court heard argument on the Department’s Motion and C.E.’s response, it granted the Department’s Motion. The hearing judge noted C.D.’s four previous contested terminations of parental rights and explained that “in my view of the entire record of this case ... it is mandatory for me to grant the Department’s motion under [CJP] 3-812.” In his written order, the hearing judge again noted “[C.D.’s] four prior appellate-sustained [terminations of parental rights] over [C.D.’s] objection for [C.E.’s] siblings.” C.D. immediately appealed the order waiving reasonable efforts to the Court of Special Appeals.

D. C.D.’s Appeal of the Waiver Order

The intermediate appellate court, in an unreported decision, affirmed the waiver. In re C.E., No. 0464, 2016 WL 7235560 (Md.

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

Related

Mezu v. Mezu
Court of Special Appeals of Maryland, 2025
Adelakun v. Adelakun
Court of Special Appeals of Maryland, 2024
In re: K.L.
Court of Special Appeals of Maryland, 2021
In re: D.M., J.M.
250 Md. App. 541 (Court of Special Appeals of Maryland, 2021)
In re: K.Y.B.
Court of Special Appeals of Maryland, 2019
In Re Adoption/Guardianship C.E.
210 A.3d 850 (Court of Appeals of Maryland, 2019)
In re: Adoption/G'ship of C.E.
Court of Appeals of Maryland, 2018

Cite This Page — Counsel Stack

Bluebook (online)
172 A.3d 476, 456 Md. 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ce-md-2017.