In re John F.

760 A.2d 936, 2000 R.I. LEXIS 189, 2000 WL 1618275
CourtSupreme Court of Rhode Island
DecidedOctober 27, 2000
DocketNo. 98-602-Appeal
StatusPublished

This text of 760 A.2d 936 (In re John F.) 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 John F., 760 A.2d 936, 2000 R.I. LEXIS 189, 2000 WL 1618275 (R.I. 2000).

Opinion

OPINION

PER CURIAM.

This case came before the Court for oral argument on October 3, 2000, pursuant to an order that directed both parties to appear in order to show cause why the issues raised in this 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. Accordingly, we affirm the decree of the Family Court. The facts pertinent to this appeal are as follows.

The respondent mother, Celia Felix, appeals from a Family Court decree terminating her parental rights to her children, John Paul, born on August 13, 1985, and his younger brother, Anthony, born on May 4, 1988. The Department of Children, Youth and Families (DCYF) first became involved with the boys in November 1992 as the result of allegations that respondent had been guilty of neglect. Dependency and neglect petitions were filed on July 13, 1993, on behalf of both children. Although a hearing was held in March 1994, a decree finding neglect was not entered until January 6, 1997, almost three years later. Additionally, petitions to terminate respondent’s parental rights were filed on July 19, 1996, and heard by the trial justice on June 4 and June 10, 1998.

Marilyn Salk (Ms. Salk), the social worker originally assigned to the case in 1992, [937]*937testified that DCYF became involved after the children had allegedly been left at home unattended. Thereafter, in January 1993, Ms. Salk began planning services for respondent and cautioned her about choosing appropriate caretakers for the children. On January 4, 1993, a case plan was prepared with the objective of arranging appropriate supervision for the children. In May 1993, respondent left both children with Armando Mercedes, her stepfather, a known child molester who had molested the respondent during her youth. The unfortunate and unnecessary result was that both children were molested. Despite this somber event, the boys’ placement remained with their mother. Ms. Salk prepared five additional case plans, designed with similar objectives: to maintain the boys in respondent’s home, to provide sexual abuse counseling for the children, and non-offender sexual abuse counseling for the respondent, while maintaining a safe and stable residence for the family.1

In October 1993, Ms. Salk also made arrangements for the boys and the respondent to receive counseling services at the Family Life Resource Center. These arrangements included funding of the services by DCYF and transportation, if needed. At that time, respondent indicated that she could provide her own transportation. Throughout her contact, Ms. Salk emphasized the importance of attending the counseling services. Although respondent never requested transportation assistance, transportation was provided because of respondent’s inconsistent attendance.2

Deborah Archer (Ms. Archer), a clinical social worker with the Family Resource Center, noted that although respondent was loving and nurturing, and interacted well with the boys, her lack of follow-through in maintaining a stable home life remained a major concern.3 Family Life Resources terminated services for respondent in April 1995 because of her chronic lack of compliance with the case plans. Ms. Archer also noted that throughout this period a lack of a stable lifestyle for the boys remained the biggest concern.

Ms. Salk again arranged counseling services and offered funding and transportation. However, this time respondent was instructed to schedule the appointment on her own; she failed to do so.

In September 1995, respondent was incarcerated for two weeks at the Adult Correctional Institutions for driving without a license and selling leased property. DCYF placed the boys with their maternal grandmother while their mother was incarcerated. Upon her release, respondent expressed a willingness to allow the children to remain with their grandmother, apparently recognizing the need to straighten out her life before regaining custody of her sons.

In December 1995, John Paul and Anthony’s case was transferred to Patricia Logan (Ms. Logan). Ms. Logan prepared three reunification case plans containing goals similar to the five plans previously prepared by Ms. Salk. Ms. Logan also attempted to visit respondent at the several residences that she shared with various roommates. Sadly, although respondent agreed to comply, she failed to follow through with any of the counseling plans.4

[938]*938In October 1996, the boys experienced yet another unfortunate event when their grandmother requested that DCYF remove the children from her home. The boys were placed in a foster home until the third case worker, Karen Vartebedian (Ms. Vartebedian), entered the case in October 1997.5 Each case worker notified respondent of the importance of counseling and DCYF’s willingness to provide transportation or bus passes. The mother continued to indicate that she needed no transportation assistance.

The respondent visited the children biweekly under DCYF supervision. However, in March 1998, the visits were moved to the DCYF offices because Ms. Vartebedian had concerns about respondent’s roommates and the inevitable termination of rights. In addition, Ms. Vartebedian assessed both boys as being behind in their grade level and that the younger boy, Anthony, had severe behavioral problems. At trial Ms. Vartebedian stated, “[I]f we were going to follow through with the TPR, we didn’t want to set these boys up thinking that they would be going home * * Ms. Vartebedian also referred the boys for an evaluation with Vicki Moss (Ms. Moss), a clinical child psychologist.

Ms. Moss found that Anthony is overwhelmed by the simple requirements of daily living. Her primary diagnosis of Anthony was a reactive attachment disorder that stems from inconsistent care and attention during the first two years of life. Ms. Moss found John Paul to be depressed and to suffer from post traumatic stress and expressive language disorder. . Ms. Moss said she thought that placement for the children would be difficult because of their age and needs, and concluded that these children “will be very difficult for anyone to parent.”

The respondent attributes her failure to comply with counseling plans to a lack of transportation and conflicts with her work schedule. In addition, respondent says that no one told her that she needed to contact the Community Counseling Center to arrange for an appointment. In support of her appeal, respondent raises two issues: first, that the trial justice overlooked material evidence, specifically, DCYF’s failure to make reasonable efforts to encourage and strengthen the parental relationship between respondent and her children, and second, that the trial justice overlooked DCYF’s arbitrary and capricious decision to infringe upon the children’s psychological need for stability and well-being by altering the visitation arrangements that were not in the children’s best interests. We deny and dismiss the appeal.

Discussion

In reviewing a ruling of the Family Court terminating a parent’s rights to her children, we must examine the record to determine whether legally competent evidence exists to support the trial justice’s findings. In re Jennifer R., 667 A.2d 535, 536 (R.I.1995) (citing In re Crystal A

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Related

In Re Crystal A.
476 A.2d 1030 (Supreme Court of Rhode Island, 1984)
In Re Nicole B.
703 A.2d 612 (Supreme Court of Rhode Island, 1997)
In Re Antonio G.
659 A.2d 672 (Supreme Court of Rhode Island, 1995)
In Re Jennifer R.
667 A.2d 535 (Supreme Court of Rhode Island, 1995)

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Bluebook (online)
760 A.2d 936, 2000 R.I. LEXIS 189, 2000 WL 1618275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-f-ri-2000.