In Re Devone S.

777 A.2d 1268, 2001 R.I. LEXIS 134, 2001 WL 586737
CourtSupreme Court of Rhode Island
DecidedMay 30, 2001
Docket1999-449-Appeal
StatusPublished
Cited by10 cases

This text of 777 A.2d 1268 (In Re Devone S.) 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 Devone S., 777 A.2d 1268, 2001 R.I. LEXIS 134, 2001 WL 586737 (R.I. 2001).

Opinion

OPINION

PER CURIAM.

This case came before the Supreme Court on April 3, 2001, pursuant to an *1269 order directing both parties to appear and show cause why the issue raised in this appeal should not be summarily decided. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown. Therefore the case will be decided at this time.

The respondent-father, James Fisher (respondent), has appealed from a decree of the Family Court terminating his parental rights to his son, Devone, born November 26, 1993. 1 As the basis for his appeal, respondent argued that the trial justice erred in determining that he was unfit, pursuant to G.L.1956 § 15-7-7(a)(2); and, that he had abandoned his child, pursuant to § 15 — 7—7(a) (4).

The Department of Children, Youth and Families (DCYF) became actively involved in this case in April 1996 after it received a DCYF hotline call from Devone’s maternal grandmother (grandmother) saying that Devone’s mother, Kathy St. Jean (mother or St. Jean), had left baby Devone with her a few days earlier and had not returned or contacted her since then. 2 DCYF began to investigate the allegation of abandonment, and social caseworker Mi-chaela Dolan (Dolan) was assigned to De-vone’s case.

On April 26, 1996, Dolan attempted to make a home visit based on her suspicions that St. Jean was using drugs and leaving Devone with inappropriate caretakers. When Dolan arrived, her repeated knocks on the door went unanswered and she was forced to leave and return with the Paw-tucket police. At this point, although not permitted inside the home, Dolan was greeted by St. Jean and respondent outside the premises. The respondent became angry and told Dolan that he did not want anything to do with DCYF and he did not want DCYF at the house. In response to a question posed by Dolan concerning drug treatment, respondent said that he had just been released from the Adult Correctional Institutions (ACI) and he did not intend to participate in any drug treatment or have any involvement with DCYF. On May 3, 1996, DCYF removed Devone from the home and placed him with his maternal grandmother. 3 This ex-parte petition was based upon allegations that St. Jean was using narcotics. Dolan testified that following the April 26, 1996 encounter, she had no contact with respondent through July 1997, a period of fifteen months.

On May 13, 1997, DCYF filed a termination of parental rights petition pertaining to both parents. 4 On July 19, 1997, after approximately fifteen months of silence, respondent made his first contact with Dolan, a telephone call from the ACI, during which he requested a visit with his son. Dolan testified that she arranged for respondent to visit with Devone at the ACI on July 24, 1997. At the conclusion of the visit, Dolan informed respondent that he could call her to arrange the next visit. 5 *1270 Dolan testified that she was not contacted by respondent after the July 24, 1997 visit.

DCYF social caseworker Patricia Logan (Logan) took over responsibility for De-vone’s case in December 1997. It was not until January 1998 that Logan first met respondent at the Garrahy Judicial Complex (Family Court). Logan testified that respondent informed her that he had been paroled and planned to begin a drug treatment program at the Talbot House and also that he expected to have visits with Devone upon his release. Logan testified that she informed respondent that once he became settled he should contact her and she would set up visits. Notwithstanding this request, respondent made no further efforts to visit Devone.

Logan recounted that she came in contact with respondent again at Family Court on February 25, 1998. The respondent, who was still residing at the ACI, informed the court that he did not want to give up his rights to his child. Logan notified respondent that she would arrange visitation as soon as he was released from prison. The respondent made no attempts to contact DCYF through May 8, 1998.

Logan testified that she once again met respondent at Family Court, on May 8, 1998. At that time respondent informed Logan that he was in “Evaluation Stage One” at the Salvation Army, and he provided her with his address and the name of his counselor. 6 Logan told respondent to call her to arrange a visit. But, consistent with his past behavior, respondent never contacted her.

Logan did not come in contact with respondent again until November 20, 1998, one week before the child’s fifth birthday and again at a court hearing. ' At that point, respondent had been sent "back to the ACI, and it was mutually agreed that visits would resume after he was released. Logan indicated that respondent did not contact DCYF any time after November 20, 1998. Logan also testified that De-vone’s sole placement was with his grandmother, and the child was doing well. She also indicated that DCYF’s case plan goal for the child was adoption by his grandmother.

A termination hearing was held in Family Court on May 5, 6, and 10, 1999. During the hearing, respondent said that he and the child’s mother had been involved for thirteen years. The respondent also testified that he was presently serving a ten-year sentence for unlawful delivery of cocaine. The respondent informed the court that although St. Jean requested that he not speak with Dolan or DCYF, he called the social caseworker “about a hundred and fifty times” repeatedly requesting visits with Devone at a time when he was not incarcerated but that Dolan “more or less brushed [him] off.” The respondent maintained that he “bent over backwards trying to get in contact” with DCYF while both in and out of prison. He further testified that on the few occasions he was able to speak with either Dolan or Logan, they never discussed any case planning with him nor were any services provided to him. The respondent explained that he never saw the need to contact DCYF for visits from March 1998 through July 1998 because St. Jean would bring Devone to see him. However, the grandmother testi- *1271 fled in rebuttal that St. Jean had never taken Devone out alone and, other than DCYF arranged visitation, there had never been any visits between respondent and Devone. Ultimately, respondent testified that he never felt that he needed to contact DCYF while Devone was in its care because he felt that Devone “shouldn’t have been involved with this [DCYF] from day one.”

The trial justice issued a written decision and concluded that DCYF had proven by clear and convincing evidence that respondent had abandoned his child and was therefore an unfit parent. Upon reviewing the evidence submitted to the court, the trial justice found that “respondent [had] not had any contact or communication with this child for at least six months.” The court further noted,

“with the exception of one visit on July 24, 1997, [respondent] has never contacted, inquired or requested to visit with this child.

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Bluebook (online)
777 A.2d 1268, 2001 R.I. LEXIS 134, 2001 WL 586737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-devone-s-ri-2001.