In re Manuel P., In re Angel P., In re Isaiah M., In re Victoria M.

Supreme Court of Rhode Island·Decided June 17, 2021·No. 19-452, 453, 454, 455·Published

Opinion

June 17, 2021

Supreme Court

In re Manuel P. : No. 2019-452-Appeal.

(PTI 16-90)

In re Angel P. : No. 2019-453-Appeal.

(PTI 16-91)

In re Isaiah M. : No. 2019-454-Appeal.

(PTI 16-92)

In re Victoria M. : No. 2019-455-Appeal.

(PTI 16-93)

NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone (401) 222-3258 or Email: opinionanalyst@courts.ri.gov, of any typographical or other formal errors in order that corrections may be made before the opinion is published.

Supreme Court

In re Manuel P. : No. 2019-452-Appeal.

(PTI 16-90)

In re Angel P. : No. 2019-453-Appeal.

(PTI 16-91)

In re Isaiah M. : No. 2019-454-Appeal.

(PTI 16-92)

In re Victoria M. : No. 2019-455-Appeal.

(PTI 16-93)

Present: Suttell, C.J., Goldberg, Robinson, Lynch Prata, and Long, JJ.

OPINION

Justice Lynch Prata, for the Court. The respondent mother, Esmeralda M.,1 appeals a Family Court decree, entered on September 16, 2019, terminating her parental rights to her four minor children, Manuel P., Angel P., Isaiah M., and Victoria M. (collectively the children), pursuant to G.L. 1956 §§ 15-7-7(a)(2)(vii) and 15-7-7(a)(3).

These consolidated appeals came before the Supreme Court for oral argument on March 4, 2021, pursuant to an order that directed the parties to show cause why

1 To protect the identities of the children, in this opinion we will use the mother’s first name and last initial only.

the issues raised in this appeal should not be summarily decided. After hearing counsel’s arguments, reviewing the record below, and carefully considering the memoranda submitted by the parties, this Court is satisfied that cause has not been shown. Therefore, we will decide the appeals at this time. For the reasons set forth below, we affirm the decree of the Family Court.

Facts and Travel

At the time of trial, respondent was the mother of five children, four of whom are the subject of the current appeal. Manuel was born on October 1, 2006; Angel on May 2, 2008; Isaiah on January 5, 2011; and Victoria on October 25, 2013.2 The Department of Children, Youth, and Families (DCYF or the department) became involved with this family on March 28, 2014, while respondent was hospitalized at Fatima Hospital.3 On April 29, 2014, DCYF filed ex parte neglect petitions against respondent in order to remove all four of her children. Angel, Isaiah, and Victoria were placed with respondent’s mother. Manuel was placed with a foster family.4

2 The respondent’s rights to her youngest child, born just prior to the trial in this case, on March 25, 2018, are not at issue in this appeal. 3 The respondent told a social worker that she was only hospitalized “because her mom made her” but reported to a clinician that she believed she had been suffering from postpartum depression. 4 Manuel’s separate placement was due to an allegation of inappropriate touching involving a family member.

Four service plans for each child were created by DCYF with regard to respondent over the next two years.5 The first two sets of plans had reunification with mother as the primary goal. However, in the second set of plans, the concurrent plan goal shifted from guardianship to adoption for Manuel, Isaiah, and Victoria.

In March 2015, DCYF filed an emergency motion to remove the three youngest children from the custody of their maternal grandmother after the department learned that she had permitted an unsupervised visit with respondent. The children were placed in foster care. That same month, respondent was hospitalized again, for depression. The respondent told a social worker that she was court-ordered to take injections at that time.6 DCYF reviewed with respondent the court’s requirement that she continue her court-ordered mental-health treatment, also coordinating with the Providence Center regarding those services.

The respondent and her family were referred to the Families Together program, provided through the Providence Children’s Museum, for supervised visitation and evaluation in April 2015. Also at this time, DCYF again asked that respondent complete a neuropsychological evaluation. While the third set of service

5 The natural father of Manuel, Angel, and Isaiah, who is also named Manuel P., was named along with respondent as the subject of DCYF’s termination of parental rights petitions; he consented to the children’s adoption on December 3, 2018. Victoria’s father is named Luis M., and he consented to her adoption on September 11, 2018. 6 The record does not disclose what injections respondent was ordered to take, or by what court, as the caseworker testified that her notes showed only “monthly medication injections.”

plans for the children—made in consultation with respondent—continued to state the goal as reunification, the concurrent plan goal for all four children became adoption.

Progress reviews on respondent’s own mental-health services and efforts showed a lack of progress and emphasized the need to complete a neuropsychological evaluation and “engage FULLY in individual conuseling [sic] and medication management[,]” as well as addressing her own experiences of abuse as a child. The respondent signed the third set of service plans for the three older children on January 4, 2016, but did not sign Victoria’s, which listed reunification with the parents or principal caretakers, rather than the mother, as its goal.

In the months that followed, DCYF caseworkers noted respondent’s lessening participation in visitation. Kimberly Marino, a DCYF social worker, testified that respondent set up the requested appointment for a neuropsychological evaluation in November 2015, with an agency that did not have an appointment until March 2016. In May 2016, respondent’s visits with her children stopped, according to DCYF. The respondent’s neuropsychological evaluation was completed on July 18, 2016. Even then, DCYF witnesses testified, respondent’s inaccurate responses rendered the evaluation inadequate for the purposes of further service recommendations.

On May 26, 2016, DCYF filed petitions seeking to terminate respondent’s parental rights with respect to the children. In its petitions, DCYF alleged two

grounds for the requested termination. First, DCYF alleged that the children had been in the legal custody or care of DCYF for at least twelve months, respondent was offered or received services to correct the situation which led to the children’s placement, and there was not a substantial probability that they could return safely to respondent’s care within a reasonable period of time. See § 15-7-7(a)(3).7 Second,

7 General Laws 1956 § 15-7-7 states, in pertinent part, as follows:

“(a) The court shall * * * terminate any and all legal rights of the parent to the child * * * if the court finds as a fact by clear and convincing evidence that:

“* * *

“(2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child; such as, but not limited to, the following:

“* * *

“(vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child, for a duration as to render it improbable for the parent to care for the child for an extended period of time[.]

“(3) The child has been placed in the legal custody or care of the department for children, youth, and families for at least twelve (12) months, and the parents were offered or received services to correct the situation which led to the child being placed; provided, that there is not a substantial probability that the child will be able to return safely to the parents’ care within a reasonable period of

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In re Manuel P., In re Angel P., In re Isaiah M., In re Victoria M., (R.I. 2021).

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