In Re Dennis P.

749 A.2d 582, 2000 R.I. LEXIS 105, 2000 WL 514129
CourtSupreme Court of Rhode Island
DecidedApril 28, 2000
Docket1998-560-Appeal
StatusPublished
Cited by6 cases

This text of 749 A.2d 582 (In Re Dennis P.) 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 Dennis P., 749 A.2d 582, 2000 R.I. LEXIS 105, 2000 WL 514129 (R.I. 2000).

Opinion

OPINION

PER CURIAM.

This case came before the Court for oral argument on April 3, 2000, pursuant to an order that directed both parties to appear in order to show cause why the issues raised by the appeal should not be summarily decided. After hearing the arguments of counsel and examining the memo-randa filed by the parties, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be summarily decided. The facts pertinent to this appeal are as follows.

The respondent mother (respondent or mother) appeals from a Family Court judgment terminating her parental rights. Dennis, respondent’s sixth child, was born on February 19, 1994. Shortly thereafter, he was detained in the care, custody, and control of the Department of Children, Youth and Families (DCYF) on an ex parte petition based on delayed prenatal care and previous terminations of respondent’s parental rights to her other children. 1 Both respondent and the child’s father pled to an amended petition alleging dependency, and the child was committed to the care, custody, and control of DCYF.

Lisa Kolek (Kolek), the social worker assigned to the case, prepared four case plans for the parents. Each plan was designed to address similar objectives (to maintain a safe, stable home environment, parenting and care for the child, and to maintain a substance-free lifestyle and avoid illegal activities), and had the goal of reunification. Kolek also referred the parents to Haven Miles (Miles) at the Providence Center for a parent-child evaluation, followed by a referral to the Kent County Mental Health Reunification Program and then followed up by a reevaluation by *584 Miles. Janet Marquez (Marquez), a clinician at the Kent County Mental Health Clinic, worked with the family throughout the reunification program.

At trial, both Miles and Marquez testified concerning the parents’ interaction with the child and their participation and progress in the reunification program. Miles testified that she met and observed mother, father, and child when the child was three months old. At that time, she observed almost no interaction between the parents and the child. She recommended that the parents talk extensively to the child during visits and repeat his sounds, that they hold the child facing them, and that they take a child development course. In her reassessment of the parents and child five months later, Miles noted that the parents had learned to repeat the child’s sounds and to properly hold the child, and had many hours of contact with the child over the previous sixteen weeks, but that no relationship had developed between the parents and child. Marquez testified that although the parents’ attendance during the first sixteen weeks of the reunification program was good, no improvement in the mother’s performance was observed by the end of the first phase of the program. Rather, respondent was able to learn the course material by rote memorization only, and she was unable to apply what she had learned, ignoring the child and disregarding his needs.

Furthermore, in October 1994, respondent also underwent a psychiatric evaluation. It was determined that respondent was mildly mentally retarded and that there was no reason for optimism regarding her ability to modify her pattern and behavior. It was also noted that recurrent concerns about respondent included

“inadequate parenting skills, neglect, substance abuse, unstable or inadequate housing or lack of housing, multiple suicide attempts, domestic violence, poor judgment, non-compliance with parent education programs, frequent moves due to fear of physical harm by significant others, reported physical abuse by the father of her last baby, and threats to kill herself on more than one occasion. [Respondent had also] been treated for cocaine abuse * *

Based'on these observations and reports, as well as the previous history of services, the Kent County Reunification Program did not recommend reunification and did not recommend advancement to Phase II of the reunification program.

Pursuant to a Family Court order, Ko-lek requested an additional parenting assessment at the Spurwink School (Spur-wink) parenting skills program. Loretta Jones (Jones), a former social worker at Spurwink, testified that she met mother, father, and child four times beginning in August 1995 to make the assessment. She testified that although mother and father attempted to establish a relationship with the child, the child did not interact with his parents. Jones observed that the child refused to engage his natural parents in any activity and that he avoided eye contact with them, but that he was more animated when in contact with his foster parents. Jones testified that the child’s avoidance of his natural parents and his contentment with his foster parents, and the fact that mother and father ended their relationship in October 1995, 2 were obstacles to reunification. Indeed, Kolek testified that after respondent broke up with the child’s father, her visits with the child became very inconsistent. During those visits, respondent had very little in *585 teraction with the child, and the child would play independently.

On April 29, 1998, after a trial in Family Court, the trial justice delivered a decision terminating respondent’s parental rights. The trial justice specifically found that DCYF had proven by clear and convincing evidence that respondent lacked the ability to respond to services that would rehabilitate her, that she was not able to achieve an understanding of homemaking, safety issues, child care and parenting, and that she had no condition that would be responsive to treatment or which could be modified to improve her ability to care for her children or manage her life and household. He also found that nothing further could be done for respondent, that she suffered from a mental deficiency which made it improbable that she would be able to care for the child in the foreseeable future, and that it was improbable that any additional program would result in reunification within a reasonable period. Finally, he concluded that DCYF had proven by clear and convincing evidence that respondent was unfit and that termination of her parental rights was in the best interests of the child.

The respondent then filed the instant appeal arguing that the Family Court justice erred when he concluded that DCYF had made reasonable efforts to reunify her with her son. The respondent argues that, in light of her limited cognitive abilities, DCYF should have done more than send her to Spurwink for an evaluation. The respondent also argues that DCYF should have provided Dennis with services that might have helped him overcome his resistance to his mother.

“Parents enjoy a fundamental liberty interest in the ‘care, custody, and management’ of their children. !:= * * [B]efore the state may permanently sever the rights of a parent in his or her natural children, the state must prove by clear and convincing evidence that the parent is unfit.” In re Nicole B., 703 A.2d 612, 615 (R.I.1997).

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Bluebook (online)
749 A.2d 582, 2000 R.I. LEXIS 105, 2000 WL 514129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dennis-p-ri-2000.