In re RICHARD H.

736 A.2d 1121, 128 Md. App. 71, 1999 Md. App. LEXIS 147
CourtCourt of Special Appeals of Maryland
DecidedSeptember 7, 1999
DocketNo. 1307
StatusPublished
Cited by1 cases

This text of 736 A.2d 1121 (In re RICHARD H.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re RICHARD H., 736 A.2d 1121, 128 Md. App. 71, 1999 Md. App. LEXIS 147 (Md. Ct. App. 1999).

Opinion

MOYLAN, Judge.

The appellants, Margaret A. and Alan H., challenge an Order issued by Judge Joanne T. Wills, in the Circuit Court for Montgomery County, whereby Margaret A. was denied custody of her grandson, Richard H. On appeal, Margaret A. contends:

[73]*731. that the trial judge erred in denying her motions to intervene in the custody proceeding; and
2. that the trial judge abused her discretion in refusing to grant her custody of Richard H.

Alan H., Richard’s father, also contends that the trial judge abused her discretion in refusing to grant custody of Richard H. to Margaret A.

This is a very disturbing custody case involving an eight-year-old boy, Richard H., who has been severely abused for much of his life. Richard’s father, Alan H., was convicted in August, 1993 of child abuse after Richard was found bruised, burned, malnourished, lethargic, unresponsive and suffering from a respiratory infection. At that time, the Department placed Richard with his paternal grandmother, Margaret A. Richard remained with Margaret A. until 1996, when he was returned to his father after being repeatedly beaten by Margaret A.’s boyfriend.

On March 27, 1997, Richard again came to the attention of the Department following the unexplained sudden death of his six-month old half-brother, Alexander. On that occasion, Richard had been severely beaten and abused, by his father and by his stepmother, Ingrid S. Alan H. was again convicted of child abuse, as was Ingrid S., and is currently incarcerated. On May 6, 1997, the Montgomery County Department of Health and Human Services (“the Department”) filed a petition in the Juvenile Court for Montgomery County asking that Richard H. be declared a Child in Need of Assistance (“CINA”) due to the extreme abuse he suffered at the hands of his father, the appellant Alan H., and his stepmother, Ingrid S. Prior to the adjudication, Richard’s paternal grandmother, Margaret A., filed a Complaint for Custody and Visitation. Margaret A. also filed two Motions to Intervene in the juvenile proceedings pursuant to Md. Rule ll-122(b), both of which were denied.

On May 21, 1998, an adjudication hearing was held before Judge Wills at which time Margaret A. filed a third Motion to Intervene. Judge Wills denied the Motion to Intervene, adju[74]*74dicated Richard a CINA, allowed Margaret A. supervised visitation with Richard, and continued Richard’s placement with his foster parents, Eric and Cathy Y., pending disposition.

On July 29, 1998, a disposition hearing was held before Judge Wills to determine whether Richard should remain with his foster family or be placed with Margaret A. After a full day of testimony, the trial judge ordered that Richard remain in his current foster care placement and granted Margaret A. supervised visitation. From that decision, both Alan H. and Margaret A. noted timely appeals.

Margaret A.’s first contention that the trial judge’s denial of her motions to intervene improperly denied her the right to litigate with respect to both 1) the custody of Richard H. and 2) visitation is completely without merit. With regard to a party’s right to intervene in a juvenile causes proceeding, Maryland Rule 11-122 provides:

Intervention
a. Of right Upon timely application, any parent not served with original process shall be permitted to intervene for any purpose.
b. Permissive. Upon timely application, any person, other than a parent, seeking custody or guardianship of the respondent child may be permitted to intervene for disposi-tional purposes only, including the filing of a petition to review, modify or vacate a disposition order.

(Emphasis supplied).

The Rule clearly does not require that a party, other than a parent, be permitted to intervene. It simply provides that a trial court may permit a party to intervene. Thus, the trial judge in this case could have permitted Margaret A. to intervene but clearly was not required to do so.

Margaret A.’s interests, moreover, were fully represented at the disposition hearing on July 29,1998. Margaret A. and her counsel remained in the closed proceeding and assisted counsel for Alan H., who argued that Margaret A. receive custody [75]*75of Richard H. Margaret A. also received copies of the evaluations that were made of herself and of her daughter, Karen B. Margaret A. was called to testify at the disposition hearing. We hold that Margaret A.’s interests in Richard H.’s custody were fully represented.

We are not unmoved by the appellants’ argument that the rights and/or interests of a grandparent, substantive and procedural, are sometimes not adequately protected. The perennial difficulty, of course, is that even where the law may in specific instances be guilty of what seems an oversight, any proposed remedy can be counter-productive. Although in some cases it may be the interest of one or more of the grandparents that seems deserving of the law’s extra solicitude, in other cases it might as readily be the interests of a stepmother or stepfather, of an older brother or sister, of even a great-grandparent, of aunts or uncles. It is for this reason that the law wisely entrusts the decision of whether to expand certain procedural rights to concerned parties other than the parents to the wise discretion of the trial judge on a case-by-case basis. In any event, it is not for us to grapple with the merits and demerits of any proposed expansion of procedural rights. That is a matter for more proper consideration by the Maryland Legislature or, at the very least, to the Court of Appeals’ Standing Committee on Rules of Practice and Procedure.

The second contention, that the trial judge abused her discretion in denying Margaret A. the custody of Richard H., is equally without merit. An agency is not required to recommend placement with a relative when such a placement is contrary to the child’s best interest. A Department need only "consider” placement with a relative. See In re Adoption/Guardianship No.2633, 101 Md.App. 274, 288, 646 A.2d 1036 (1994). The Court of Appeals has consistently held that grandparents have no inherent right to custody of their grandchildren. Beckman v. Boggs, 337 Md. 688, 655 A.2d 901 (1995); Fairbanks v. McCarter, 330 Md. 39, 46-47, 622 A.2d 121 (1993).

[76]*76The law in Maryland is that a trial court’s determination as to custody may not be reversed absent a showing of a clear abuse of discretion. In re Adoption/Guardianship No. 3598, 347 Md. 295, 311, 701 A.2d 110 (1997); Petrini v. Petrini, 336 Md. 453, 470, 648 A.2d 1016 (1994) Particularly important in custody cases is the trial court’s opportunity to observe the demeanor and to assess the credibility of the parties and witnesses. Petrini, 336 Md. at 470, 648 A.2d 1016.

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Bluebook (online)
736 A.2d 1121, 128 Md. App. 71, 1999 Md. App. LEXIS 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-richard-h-mdctspecapp-1999.