In Re Kristina L.

520 A.2d 574, 1987 R.I. LEXIS 409
CourtSupreme Court of Rhode Island
DecidedFebruary 5, 1987
Docket85-396-Appeal
StatusPublished
Cited by48 cases

This text of 520 A.2d 574 (In Re Kristina L.) 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 Kristina L., 520 A.2d 574, 1987 R.I. LEXIS 409 (R.I. 1987).

Opinion

OPINION

SHEA, Justice.

This matter is before the court on appeal from a decision of the Family Court granting a petition to terminate parental rights filed by the Department of Children and Their Families (DCF). The petitioners have three minor children, and their parental rights were terminated only in regard to their middle child, Kristina. We reverse.

Kristina was born on October 25, 1979. Soon after her birth, she had trouble retaining her food and began to lose weight. Her mother, hereinafter referred to as Kate, 1 brought her to the Cranston Street Health Center, where the baby’s formula was changed. Kristina’s vomiting following feeding continued, and two days later Kate brought her to Pawtucket Memorial Hospital. The baby’s feeding schedule was again adjusted but without result. In February 1980 Kate then brought the baby to Roger Williams Hospital, where Kristina *575 was admitted and spent two weeks. During the hospital stay, Kate visited frequently and actually spent one full night in the hospital with her baby. Kristina’s health improved and she began to gain weight. At the end of two weeks Kate was informed that the child would not be released to her care. Kristina had been diagnosed as a “failure to thrive” infant, and the DCF had become involved in the case. The child was placed in a foster home and in May 1980 was placed with a second foster family with whom she has remained up to the present time. She has suffered no further significant medical problems.

Kate testified that she did not see Kristina for three months after she was released from the hospital and only then because she called her social worker for help. The first DCF worker assigned to Kristina’s case, however, testified that supervised visitation began in Kate’s home on February 19, 1980. The visitation schedule began with hourly visits once every other week. At that time, Kate and Kristina’s father were unmarried and living apart although the father was at times present during the child’s visits. In addition, Kristina’s older brother (also a child of Kristina’s father), then about eighteen months old, was and still is living with his mother. The social worker noted that at times both Kate and the boy looked unkempt and dirty and at other times the apartment looked “fairly clean.” The DCF recommended that Kate participate in ongoing counseling sessions at Pawtucket Mental Health Center to work on her relationship with her children and to increase her knowledge of child development and proper methods of discipline. Kate agreed to attend counseling sessions and did so until she was discharged. The results of a May 1980 evaluation of Kate revealed maternal immaturity that, it was believed, could be improved with help. The treating psychiatrist testified on cross-examination that he had no direct evidence to support the fact that Kate’s children should be removed from her.

By July 1980 Kristina had not been returned to Kate because the DCF felt Kate had not shown any signs of improvement in parenting abilities or housekeeping skills. Also in July, the first social worker left the case and was replaced by one who remains with the case today. The second case worker increased the parent-child visitation to two hour weekly visits, supervised, in Kate’s home. The evidence shows that visits were often canceled through no fault of the mother. The caseworker described the barriers to reunification at that time as Kate’s lack of parenting skills attributable in part to her youth, her lack of good housekeeping habits, and her lack of proper disciplining techniques in handling her older child. The caseworker felt Kate was too harsh verbally, although she stated she never saw Kate strike her child. She cited a lack of medical treatment for Kristina, even though, as noted above, before Kristina was removed from Kate’s home at 3V2 months of age, Kate had visited three hospitals with the child because she was concerned about the baby’s lack of weight gain. The caseworker testified that sometime between July and September 1980 she observed Kristina’s older sibling with a runny nose and no clothes on from the waist down in Kate’s home.

Visitation was again increased in the fall of 1980 to 3V2 hour unsupervised weekly visits. During this time, the DCF recommended that Kate attend two separate parenting programs. Kate attended neither and later testified that she was pregnant with her third child at the time and was unable to take the bus because she was both not feeling well and suffered anxiety attacks when riding a bus. In addition, Kate developed toxemia near the end of her third pregnancy.

Visits were shortened to 2% hours a week in the beginning of 1981. Kate’s third child was born and has remained living with his mother. Following the recommendation of the DCF, Kate enrolled in a *576 STEP * program for parenting skills in April or May 1981 and attended six classes. She appeared excited about the program although attendance was difficult for her because of her need for babysitting services. Overnight visits began July 1, 1981, well over a year after Kristina had been removed from her home. The first planned overnight visit was canceled, however, because Kate failed to obtain a crib for Kristina.

Between August 1981 and the end of that year, Kristina visited her natural family weekly from Tuesday mornings through Thursday afternoons. At this time, the DCF recommended that Kate attend the COD AC * parenting program in Cranston. Because of the distance she had to travel from her home and her problems with riding a bus, Kate failed to attend. The caseworker observed that Kate’s house was cluttered, with dirty dishes in the sink and a pile of dirty laundry in the living room. She noted that the apartment was in need of repair. In addition, the caseworker mentioned a lack of interaction and contact between Kate and Kristina. She observed that Kristina appeared reluctant to visit Kate. The child would be subdued when thé caseworker came for her at the foster home and would “space out” in the car on the way to Kate’s home. When the visit was over, Kristina appeared eager to leave.

During the first half of 1982, the caseworker testified, she recommended three or four more parenting programs for Kate but Kate did not agree to participate. Kate testified, however, that she did not recall the recommendations. In April 1982 the caseworker saw Kristina’s withdrawal and failure to interact with Kate as the main barrier to her reunification with her natural family.

Visitation suspended during the summer of 1982 was not resumed until the end of the year because of an alleged incident brought to the attention of the DCF by the foster family. A scant investigation produced nothing, and visits were resumed beginning Christmas day 1982. During this time, in November 1982 Kate and Kristina’s father were married. The caseworker noted that the home continued to appear dirty. She noted the smell of urine and observed dirty blankets on the beds. More referrals for counseling were made. Kate went to the first parenting class offered at St. Luke’s, which was within walking distance, but was informed that the classes had been canceled because of lack of participation. Kate testified that she made followup calls to the program to no avail.

Unsupervised visitation was resumed beginning in January 1983.

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Bluebook (online)
520 A.2d 574, 1987 R.I. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kristina-l-ri-1987.