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

CourtSupreme Court of Rhode Island
DecidedJune 17, 2021
Docket19-452, 453, 454, 455
StatusPublished

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

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

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.

-1- 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.

-2- 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.”

-3- 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

-4- 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[.]

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In re Manuel P., In re Angel P., In re Isaiah M., In re Victoria M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-manuel-p-in-re-angel-p-in-re-isaiah-m-in-re-victoria-m-ri-2021.