In Re Jazlyn P.

31 A.3d 1273, 2011 R.I. LEXIS 144, 2011 WL 6130790
CourtSupreme Court of Rhode Island
DecidedDecember 9, 2011
Docket2010-387-Appeal
StatusPublished
Cited by21 cases

This text of 31 A.3d 1273 (In Re Jazlyn 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 Jazlyn P., 31 A.3d 1273, 2011 R.I. LEXIS 144, 2011 WL 6130790 (R.I. 2011).

Opinion

OPINION

Justice ROBINSON,

for the Court.

The respondent father, Michael Patino, appeals from a Family Court decree terminating his parental rights with respect to his daughter, Jazlyn P. 1 On appeal, Mr. Patino argues that the justice of the Family Court who presided over the termination-of-parental-rights trial (1) improperly admitted into evidence certain exhibits during the trial and (2) erred in terminating Mr. Patino’s parental rights since, in his view, there was insufficient evidence in the record of cruel and abusive conduct.

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. *1275 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 decree of the Family Court.

I

Facts and Travel

On February 10, 2010, the Rhode Island Department for Children, Youth, and Families (DCYF) filed a petition to terminate the parental rights of Michael Patino and Patricia Oliver 2 with respect to their daughter, Jazlyn P. (born August 6, 2008). As the basis for its petition, DCYF alleged that the parents had “committed, or allowed to be committed, conduct toward any child of a cruel or abusive nature.” See G.L.1956 § 15 — 7—7(a)(2)(ii). The petition also alleged that Mr. Patino probably would be unable to care for Jazlyn due to his extended term of imprisonment. 3 On September 22 and October 1, 2010, a trial on the petition to terminate Mr. Patino’s parental rights was held in the Family Court. 4 The following factual narrative is derived from the record of the Family Court proceedings.

A

The Factual Background

Early in the morning of October 4, 2009, six-year-old Marco Nieves 5 (Ms. Oliver’s son and Jazlyn’s half-brother) arrived by ambulance at Hasbro Children’s Hospital in Providence; Marco was in an unresponsive state due to the deteriorating effects of a perforated bowel. At the time Marco was admitted to the hospital, he had been residing in an apartment in Cranston with his mother and his half-sister, Jazlyn. Marco also had had frequent interactions with Mr. Patino, who was a regular visitor in the Cranston apartment due to both his approximately two-and-a-half-year romantic relationship with Ms. Oliver and the fact that he was Jazlyn’s father.

In the face of inquiries both from the rescue personnel who transported Marco to the hospital and from the doctors at the hospital, Ms. Oliver initially refused to provide information as to what she knew concerning the actual origin of Marco’s injury. The suspicious nature of Marco’s injury and the severity of his condition upon presenting to the hospital led the treating physician (Dr. Kristin Fortin) to complete a “Physician’s Report of Examination” (PRE), pursuant to which Marco was placed under a “72-hour hold” as authorized by G.L.1956 §§ 40-ll-5(a) and 40-11-6. Tragically, however, despite aggressive *1276 resuscitative efforts by the medical personnel, six-year-old Marco died in the early evening hours of the day of his admission to the hospital, October 4, 2009. 6

Manifesting a concern for the well-being of Marco’s half-sister, Jazlyn, doctors at Hasbro Children’s Hospital requested that she be admitted that same day “for medical evaluation of possible child maltreatment and safety.” As had been done with respect to Marco, again invoking §§ 40-11 — 5(a) and 40-11-6, Dr. Fortin completed a PRE and placed Jazlyn under a seventy-two-hour hold. Upon reviewing x-rays of the fourteen-month-old girl’s midsection, Dr. Christine Barron, who was the attending physician and the clinical and fellowship director for the hospital’s Child Protection Program 7 (CPP), discovered that Jazlyn had sustained posterior rib fractures that were in the process of healing. When asked about those injuries to her daughter, Ms. Oliver denied that there was any history of either accidental or inflicted trauma.

DCYF obtained temporary custody of Jazlyn on October 5, 2009. Five days later, Ms. Oliver told the DCYF Child Protective Investigator assigned to the case about a purported incident wherein Jazlyn had fallen down the stairs at her paternal grandmother’s house in August of 2009. After reviewing the description of the fall and the photographs of the stairs in question, Dr. Barron concluded that Jazlyn’s posterior rib fractures had not been caused by the fall that Ms. Oliver had reported; rather, it was the doctor’s opinion that those fractures were “consistent with child physical abuse.”

B

The Testimony of Dr. Barron on September 22, 2010

1. The Consultation Reports

On September 22, 2010 (the first day of the termination-of-parental-rights trial), Dr. Barron testified for DCYF as an expert witness with respect to child abuse. Doctor Barron testified that, when she arrived at the hospital on October 4, 2009, Dr. Kristin Fortin was already consulting on Marco’s case. Doctor Barron stated that it was Dr. Fortin who had initially spoken to Marco’s family members in order to gather a history with respect to Marco’s injury. Doctor Barron told the court that she verified the information obtained by Dr. Fortin with Marco’s maternal grandmother and with Ms. Oliver. The information which Dr. Barron and Dr. Fortin obtained from these two family members was included in the “Child Protection Program Inpatient Consultation Reports” that were completed with respect to both Marco and Jazlyn at the time of their respective admissions to the hospital. 8

*1277 2. Testimony as to Marco’s Injuries

Doctor Barron relied on the just-referenced reports to refresh her recollection while testifying at trial as to the details of what occurred on the day that Marco was brought to the hospital.

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Bluebook (online)
31 A.3d 1273, 2011 R.I. LEXIS 144, 2011 WL 6130790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jazlyn-p-ri-2011.