In Re Gabrielle D.

39 A.3d 655, 2012 WL 988016, 2012 R.I. LEXIS 29
CourtSupreme Court of Rhode Island
DecidedMarch 26, 2012
Docket2011-40-Appeal
StatusPublished
Cited by12 cases

This text of 39 A.3d 655 (In Re Gabrielle D.) 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 Gabrielle D., 39 A.3d 655, 2012 WL 988016, 2012 R.I. LEXIS 29 (R.I. 2012).

Opinions

OPINION

Justice ROBINSON,

for the Court.

The respondent father, Armand D.,1 appeals from a Family Court termination of parental rights decree with respect to his daughter, Gabrielle D. (Armand’s several appellate contentions are set forth in section I B of this opinion, infra.)

This case came before the Supreme Court for oral argument pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memo-randa submitted by the parties, and the oral arguments of counsel, we are satisfied that cause has not been shown and that this appeal may be decided without further briefing or argument.

For the reasons set forth in this opinion, we affirm the judgment of the Family Court.

I

Facts and Travel

On October 5, 2009, the Rhode Island Department of Children, Youth and Families (DCYF) filed a petition to terminate the parental rights of Armand with respect to his daughter, Gabrielle (born May 11, 1999). In its petition, DCYF alleged the following grounds for the termination of Armand’s parental rights: (1) Armand’s chronic substance abuse; (2) Gabrielle’s placement with DCYF for at least twelve months with no substantial probability that it would be possible for her to return to Armand’s care within a reasonable period of time; (3) Armand’s behavior or conduct that was seriously detrimental to Gabrielle and that was of such a duration as to render it improbable that he would be able to care for her for an extended period of time; and (4) Armand’s abandonment or desertion of Gabrielle. See G.L.1956 § 15-7-7(a)(2)(iii), (a)(2)(iv), (a)(3), and (a)(4).

A trial was held before a justice of the Family Court on April 8, May 28, September 10, September 23, and October 15, 2010. On these dates, the trial justice heard testimony from the following witnesses: Armand; Dr. John Parsons (a psychologist who had worked with Armand and Gabrielle); Laura Nevins (the DCYF caseworker assigned to Gabrielle); Wil[658]*658liam S. Carey (the licensed independent clinical social worker. assigned to Gabrielle); Louis Petrin (a case manager at NRI Community Services);2 and Becky Chartier (a substance abuse counselor at NRI Community Services). The trial justice also conducted an in camera interview of Gabrielle. We summarize below the pertinent portions of the trial testimony of the several witnesses.

A

Trial Testimony

1. The Testimony of Armand

Gabrielle’s father, Armand D., testified that, at the time of Gabrielle’s birth in 1999, he and her mother were living together in South Carolina; he further testified that thereafter, on August 13, 2006, Gabrielle’s mother passed away. Armand acknowledged that, after the death of Gabrielle’s mother, Gabrielle and he moved to Rhode Island, where he had previously lived.

Armand testified that DCYF became involved with him and his daughter after their move to Rhode Island from South Carolina in 2006, providing him with services and “some help for [Gabrielle].” Specifically, Armand acknowledged that, during the process of the reunification3 with Gabrielle, DCYF provided “services in [his] home;” he added that those services included having a Spurwink4 “parent aide” come to the home. He affirmed that the case was closed in April of 2007.

Armand also affirmed that DCYF “got re-involved” with him in September of 2007 as the result of a substance abuse relapse on his part; he added that, before that relapse, he had “been clean” for at least the preceding one-and-a-half years. He testified that, when he sought treatment in connection with his relapse, he asked his niece to take care of Gabrielle because he “needed to get [himself] some help * * Armand stated that Gabrielle stayed with his niece for “around nine or ten months, [maybe] a year.”5

Armand testified at trial that he had been seeing both a social worker and a counselor at NRI Community Services. Armand stated that, at the time of trial, he had been receiving treatment in connection with his substance abuse relapse for over two years in the form of one-on-one drug treatment. Armand proceeded to testify that, in connection with that treatment, he had been giving scheduled “screens” for substance abuse. He further testified that he (not DCYF) had arranged for this [659]*659treatment. Armand additionally acknowledged having attended an inpatient treatment program in 2008 due to the fact that he had resumed using marijuana.

Armand further testified that he never received a case plan from his caseworker, Laura Nevins, and never had occasion to discuss a case plan with Ms. Nevins. Armand added that he does not believe that DCYF had “set up” any services for him.

Armand acknowledged that, when Gabrielle was removed from his home in 2007, the DCYF caseworker (Ms. Nevins) scheduled weekly visits for father and daughter, beginning in November of 2007. Armand conceded that he missed a number of those visits in January and February of 2008; later, however, he corrected himself and testified that he had missed only one visit, and he said that that was a result of what he referred to as “a bus problem.”

Armand testified at trial that his visits with Gabrielle had been suspended since approximately July of 2008. He further testified that he did not know that he could reopen visitation. Armand stated that, a year and a half prior to trial, he asked a DCYF employee how his daughter was doing in school, but he said that the employee responded that DCYF “didn’t have to tell [him] that.”

Armand testified that he had not provided financial support for Gabrielle since she last lived with him6 due to the fact that his income consists of SSI payments (which he receives as a result of his disabilities).7

Armand testified at trial that, since visitation was suspended, the only time that he has had the opportunity to visit with Gabrielle was on one particular day a week and a half prior to the trial. That visit took place in the presence of Dr. Parsons. Armand testified that, during that visit, he and Gabrielle “didn’t speak too much” and that he “didn’t feel very comfortable there.” He elaborated that he “didn’t know if [he] could talk to [his] daughter much at all.” Armand acknowledged that, during the visit in Dr. Parsons’s presence, Gabrielle told him that she did not want to live with him.

2. The Testimony of Dr. John Parsons and his Report

Doctor John Parsons testified that he became acquainted with Armand and Gabrielle when Ms. Nevins referred Armand to him for a psychological evaluation in August of 2008. Doctor Parsons stated that he saw Armand for several months beginning in December of 2008 for the purpose of completing the requested evaluation. Doctor Parsons testified that, as part of the evaluation process, he was asked to observe Armand with Gabrielle in the context of interactive sessions. Doctor Parsons stated that, in August of 2009, he completed a report based on his evaluation of Armand. That report was entered as a full exhibit at trial.

In his report, Dr. Parsons stated that Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
39 A.3d 655, 2012 WL 988016, 2012 R.I. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gabrielle-d-ri-2012.