In re Lauren B.

78 A.3d 752, 2013 WL 5883696, 2013 R.I. LEXIS 138
CourtSupreme Court of Rhode Island
DecidedNovember 4, 2013
Docket2012-232-Appeal
StatusPublished
Cited by11 cases

This text of 78 A.3d 752 (In re Lauren B.) 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 Lauren B., 78 A.3d 752, 2013 WL 5883696, 2013 R.I. LEXIS 138 (R.I. 2013).

Opinion

OPINION

Justice INDEGLIA,

for the Court.

The respondent, Daymon 1 Jones (respondent or Jones) appeals from a Family Court decree terminating his parental rights to his two daughters, Lauren B. (Lauren) and Stephanie B. (Stephanie). This case came before the Supreme Court for oral argument on October 3, 2013, pursuant to an order directing the parties to appear and show cause why the issues raised by this appeal should not be summarily decided. After considering the parties’ written submissions and oral arguments, we are of the opinion that cause has not been shown and that the issues raised by this appeal should be decided at this time. For the reasons set forth below, we affirm the decree of the Family Court.

I

Facts and Travel

Lauren and Stephanie first came to the attention of the Department of Children, Youth, and Families (DCYF) in March 2005, when their mother tested positive for cocaine upon giving birth to Stephanie at Newport Hospital. 2 DCYF filed neglect petitions on April 4, 2005 against both parents with respect to both Lauren and Stephanie. Both children were committed to the care and custody of DCYF.

On April 9, 2010, DCYF filed petitions to involuntarily terminate Jones’s 3 parental rights to Lauren and Stephanie. 4 Pursu *755 ant to G.L.1956 § 15-7-7(a), 5 DCYF alleged the following as grounds for termination: (1) Jones’s unfitness by reason of conduct seriously detrimental to Lauren and Stephanie; (2) the children’s placement with DCYF for at least twelve months with no substantial probability that they will be able to return to Jones’s care within a reasonable period of time; and (3) Jones’s abandonment of Lauren and Stephanie. Over the course of four days in June and July of 2011, a trial on the termination petitions was held before a justice of the Family Court. The only witnesses to testify at trial were Timothy Cronin, on behalf of DCYF, and respondent, on his own behalf. We summarize below the relevant and sometimes conflicting testimony of both witnesses.

A

Testimony of Timothy Cronin

Timothy Cronin testified that he has been the DCYF social worker on Lauren and Stephanie’s case for approximately the past three years. 6 He explained that he was not assigned to the case until April 2008, about three years after it was opened. Mr. Cronin nevertheless attempted to provide some background as to Lauren and Stephanie’s history with respondent. According to Mr. Cronin, Jones was convicted in 1995 of second-degree sexual assault and received a fifteen-year suspended sentence. He testified that Jones was not incarcerated at the time of Stephanie’s birth in March 2005, 7 but was subsequently re-incarcerated at the Adult Correctional Institutions (ACI) in October 2005. Mr. Cronin believed that Jones was incarcerated for most of the time between October 2005 and early 2010, except for a brief period of liberty from approximately February 2008 to April 2008. 8

When Mr. Cronin received the case in April 2008, Jones was permitted visitation at the ACI with Lauren and Stephanie at the discretion of DCYF. Mr. Cronin indicated, however, that no visits were taking place based on the recommendation of a clinician from Children’s Friend and Service that Lauren and Stephanie not have contact with respondent. Pursuant to a Family Court order and a further recommendation of the clinician, Jones was later afforded one supervised visit with the children every three weeks, commencing sometime around May 2009. 9 Mr. Cronin *756 testified that Lauren was usually willing to attend the visits with Jones. Stephanie, however, only attended “a couple” of visits because she was afraid of dogs present in the visiting room at the ACI. Mr. Cronin averred that he, the clinician, and Stephanie’s foster mother all encouraged Stephanie to attend the visits, but Stephanie refused. He acknowledged that he did not visit Jones at the ACI at any time during Jones’s incarceration.

Mr. Cronin explained that, in April and October of 2009, he formulated two 10 case plans aimed at reunifying Jones with Stephanie and Lauren. Under both case plans, Jones was to complete sex-offender and substance-abuse evaluations and follow any recommendations generated by those evaluations. Both case plans also specified that Jones was to refrain from discussing any DCYF issues during his visits with the children. The October 2009 plan required Jones to “[d]emonstrate the ability to resolve conflicts in a calm and civil manner.” In addition, Jones was to obtain housing and maintain employment. Jones signed the April 2009 case plan but failed to sign the October 2009 plan.

Following Jones’s release from the ACI in January 2010, he was permitted biweekly visits with Lauren and Stephanie at DCYF’s offices in Bristol, Rhode Island. Mr. Cronin testified that a child-support technician from DCYF usually supervised the visits, except for one visit on February 3, 2010, which he personally supervised. Mr. Cronin described the February 3 visit as having gone “fairly well.” He further testified that reports on subsequent visits from the child-support technician indicated that Jones did, “at times,” interact appropriately with Lauren and Stephanie. Mr. Cronin’s staff reported that Jones always displayed affection for the children.

In February 2010, Jones completed the sex-offender evaluation required under the case plans. That evaluation led to several recommendations for Jones, including sex-offender counseling, a polygraph examination, anger management classes, domestic violence classes, and counseling to assist him in accepting responsibility for his actions. Mr. Cronin asserted that Jones failed to follow through with these recommendations. He also asserted that Jones never completed a substance-abuse evaluation, as required under the case plans. Mr. Cronin expressly denied receiving any documentation to prove that Jones had undergone a substance-abuse evaluation. Despite Jones’s failure to comply with the case plans, he was allowed to continue his bi-weekly visits with Lauren and Stephanie. According to Mr. Cronin, the visits continued in order to demonstrate that DCYF was making reasonable efforts to reunite Jones with his children and to afford Jones every opportunity to make use of the services that DCYF was offering.

Mr. Cronin testified that he encouraged Jones to follow through with the case plans’ recommendations during a meeting at DCYF’s offices on February 3, 2010. According to Mr. Cronin’s recounting of the conversation, Jones reacted by insisting that “DCYF is going to do * * * things on his terms[,]” and should “grovel to him[.]” Mr. Cronin indicated that Jones had smelled of alcohol during that meeting. He also testified about two telephone *757

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Cite This Page — Counsel Stack

Bluebook (online)
78 A.3d 752, 2013 WL 5883696, 2013 R.I. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lauren-b-ri-2013.