In re Juvenile 2003-195

843 A.2d 318, 150 N.H. 644, 2004 N.H. LEXIS 44
CourtSupreme Court of New Hampshire
DecidedMarch 12, 2004
DocketNo. 2003-195
StatusPublished
Cited by4 cases

This text of 843 A.2d 318 (In re Juvenile 2003-195) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Juvenile 2003-195, 843 A.2d 318, 150 N.H. 644, 2004 N.H. LEXIS 44 (N.H. 2004).

Opinion

NADEAU, J.

The respondent appeals an order of the Sullivan County Probate Court {Feeney, J.) terminating his parental rights over his son, the juvenile in this case, pursuant to RSA 170-C:o, III (2002). We affirm.

The record supports the following facts. In 1998, the respondent was convicted of unlawful contact with a female minor and given a probationary sentence. In July 2000, he violated his probation by engaging in unlawful sexual contact with another female minor. As a result, he was incarcerated in the Maine Correctional Facility to serve the balance of a three-year sentence. On October 12, 2000, while the respondent was incarcerated, his son was born.

Shortly thereafter, the New Hampshire Division for Children, Youth, and Families (DCYF) filed a petition for neglect against the respondent [646]*646that was later withdrawn. The respondent, however, signed a consent decree, which required him to “undergo a psychological evaluation and ... follow any recommendations resulting there from,” and to “follow all treatment requirements relevant to his incarceration in the Maine Correctional Facility.”

In February 2001, the respondent obtained a transfer from the Maine Correctional Facility to the New Hampshire State Prison (State Prison) to facilitate visitation with his son. In April 2001, the State Prison evaluated the respondent and recommended that he participate in an intense sexual offender program lasting between twelve and sixteen months. Entry into the program required admission of prior offenses or alternatively, submission to a polygraph test. To avoid making an admission or submitting to a polygraph, he applied to a less intensive program. The State Prison denied him admission, however, because the program was not appropriate for an inmate with his sexual offender history. Because the respondent continued to deny committing the second sexual offense that led to his probation violation, the State Prison scheduled a polygraph for admission to the intensive program in June 2001. The respondent, however, refused to take the polygraph and thus was ineligible for the program.

On June 21, 2001, the Newport District Court ordered that a psychological evaluation of the respondent should be conducted and submitted to the court. The court also ordered that the respondent have one supervised visit per month with his son. In August 2001, Dr. Wayment conducted a psychological evaluation of the respondent. She found he had a significant history of sexual offending, and recommended he undergo a psychosexual evaluation, which the district court ordered. The court also ordered continuation of his supervised monthly visitation with his son.

A few months later, Dr. Vanaskie conducted a psychosexual evaluation of the respondent. Dr. Vanaskie recommended that reunification be delayed until the respondent successfully completed an intensive offense-specific treatment for his sexual behavior. Dr. Vanaskie classified him as posing a moderate to high risk of reoffending during the treatment process.

In January 2002, the district court conducted a permanency hearing and discontinued visitation pending the outcome of a parenting evaluation. The court ordered the respondent to follow all recommendations of the psychosexual and parenting evaluations. After the hearing, the respondent wrote a letter to the State Prison requesting confirmation that he did not have enough time remaining on his sentence to complete the prison sexual offender program. The director of the sexual offender program responded, [647]*647however, that had he taken the polygraph scheduled by the prison, he “would have had plenty of time to do it” before his earliest possible release date.

In April 2002, the district court reiterated its previous order and adopted DCYF’s recommendations ordering the respondent to follow all recommendations resulting from the psychosexual evaluation by Dr. Vanaskie. Specifically, the order provided that he “shall participate meaningfully and complete a sexual offender’s treatment program, he shall participate and complete appropriate parenting classes and he shall participate in substance abuse counseling.” The court also reinstated supervised monthly visitation with his son.

In October 2002, the district court conducted a review hearing. The court found that the respondent failed to complete or participate in the sexual offender treatment program even though it was offered at the State Prison, failed to undergo a parenting evaluation and a substance abuse evaluation, which were available at the prison, and would not start addressing his issues in treatment until his scheduled release in June 2003. The juvenile would be three years old upon the respondent’s scheduled release, and would likely be four or five by the time the respondent completed a sexual offender program outside prison. The court found this delay to be unacceptable, and inconsistent with the goal of permanency for the juvenile. It ordered cessation of reunification efforts, but permitted the respondent to have supervised visitation at the discretion of DCYF and in consultation with the guardian ad litem.

In November 2002, DCYF filed a petition to terminate the parental rights of the respondent, alleging failure to correct conditions of neglect or abuse under RSA chapter 169-C relating to the consent agreement. In February 2003, the probate court held a parental termination hearing. MaryAnn Babic-Keith, a DCYF supervisor, testified at the hearing. She explained that she supervises the caseworkers, regularly discussed the respondent’s case with both caseworkers, and reviewed their reports prior to submission to the court. She testified that Todd Basler, a caseworker for the juvenile, stopped working for DCYF and moved to California. She also testified that Roberta Bell, another caseworker for the juvenile, stopped working at DCYF, sold her house, and moved out of state, possibly to New York.

The respondent also testified at the hearing. In response to questions concerning his failure to participate in a prison sexual offender program, he testified that the program had not yet been recommended by Dr. Vanaskie at the time the prison evaluated him for it, he wanted to resume treatment with a former counselor in Maine, and he thought participation [648]*648in the program might extend his prison release date. Dr. Vanaskie also testified, stating that the respondent posed a moderate to high risk of reoffending, and that until he completed a sexual offender program, reunification with his child would be impossible because his ability to parent could not be properly assessed.

The probate court found Dr. Vanaskie’s testimony compelling. It also found the respondent had had the ability to complete the sexual offender counseling and treatment while in prison, but failed to do so. The court found that he was given an opportunity to demonstrate he is capable of caring for his child, but failed to do so. Finding it was in the juvenile’s best interest, the probate court ordered the termination of the respondent’s parental rights. This appeal followed.

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Related

In re K.H.
167 N.H. 766 (Supreme Court of New Hampshire, 2015)
In Re Juvenile 2006-833
937 A.2d 297 (Supreme Court of New Hampshire, 2007)
In Re Juvenile 2006-674
931 A.2d 585 (Supreme Court of New Hampshire, 2007)

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Bluebook (online)
843 A.2d 318, 150 N.H. 644, 2004 N.H. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-juvenile-2003-195-nh-2004.