In re Rita F.

64 A.3d 1220, 2013 WL 2109936, 2013 R.I. LEXIS 78
CourtSupreme Court of Rhode Island
DecidedMay 16, 2013
Docket2011-385-Appeal
StatusPublished
Cited by3 cases

This text of 64 A.3d 1220 (In re Rita F.) 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 Rita F., 64 A.3d 1220, 2013 WL 2109936, 2013 R.I. LEXIS 78 (R.I. 2013).

Opinion

OPINION

Justice FLAHERTY,

for the Court.

This is an appeal from a Family Court decree that terminated the parental rights of Rita F. 1 (respondent) to her three children — Rita (born June 22, 2000), Theresa (born January 31, 2002), and Michael (October 29, 2004) — under G.L.1956 § 15-7-7(a)(2)(h) (cruel or abusive conduct), § 15-7-7(a)(2)(v) (aggravated circumstances), and § 15-7-7(a)(3) (child in Department of Children, Youth and Families (DCYF or department) custody for twelve months). 2 On appeal, the respondent argues that the trial justice committed reversible error because he permitted witnesses to testify about hearsay statements made by the children. The respondent also argues that the trial justice erred when he failed to address whether DCYF had met its burden of proving that it made reasonable efforts to achieve reunification between the respondent and her children before DCYF *1223 filed a petition to terminate parental rights. For the reasons set forth in this opinion, we affirm the decree of the Family Court.

I

Facts and Travel A

Background

On July 22, 2008, DCYF received a phone call to its Child Abuse Hotline; it was reported that respondent’s boyfriend, Ramiro Morales, had been charged with the first-degree child molestation of his brother’s daughter when she was between the ages of four and nine. 3 At the time that DCYF received that disturbing information, Morales lived with respondent and her three children, Rita, Theresa, and Michael, who were approximately ages eight, six, and four, respectively. Concerned that respondent’s children might also become victims, Jennifer Silva, a child protective investigator for DCYF, who later testified at respondent’s trial for termination of parental rights, was assigned to investigate the family. Silva explained that on the same day that the Child Abuse Hotline received the phone call about Morales, she visited respondent’s household. During that visit, respondent told Silva that she was aware of the allegations against Morales, but that she did not believe them and, in fact, she had posted his bail after he was arrested on the charge of first-degree child molestation of his niece. After Silva informed her that either Morales needed to leave the home or the children would be removed, she “hesitatingly agreed” that Morales would leave. Silva also explained to respondent that Morales was to have no contact with the children during the pending investigation.

The next day, respondent called DCYF to request permission that her children be allowed to visit with Morales. For approximately six days, supervised visits were allowed. However, as soon as the case against Morales’ niece was “indicate[d]”— i. e., that child protective investigators concluded that, by a preponderance of the evidence, Morales’ niece had been “abused or neglected,” see In re Brooklyn M., 933 A.2d 1113, 1115 n. 1 (R.I.2007)—Silva informed respondent that Morales was no longer permitted to be alone with the children.

On August 8, 2008, Melissa D’Abrosca, a social caseworker for DCYF, who also testified at the subsequent trial, was assigned to the case. D’Abrosca first contacted respondent by phone on August 12, 2008, and she reiterated that Morales could not be in the home with the children and that she would be making both announced and unannounced visits to the home. During this conversation, respondent assured the caseworker that the children did not have any contact with Morales.

Between August 2008 and February 2010, D’Abrosca made at least one monthly unannounced visit to the household to determine whether Morales was on the premises and to check on the welfare of the children. During her first visit to the home, which occurred on August 18, 2008, she discovered that blankets were covering all the windows and a surveillance camera was employed to monitor the front door. The respondent explained to D’Abrosca that the blankets and camera were in place because she had obtained a restraining order against her sister. It was also during this visit that Michael made a refer *1224 ence to “daddy” — specifically, Michael asked, “Where did daddy go?” This was of concern to D’Abrosca, because Rita had relayed to her that Michael considered Morales to be his father, in view of the fact that his biological father had died shortly after Michael’s birth. D’Abrosca testified that she again stressed to respondent that Morales was not allowed to be in the home and that if he were there, it would jeopardize the children’s placement with her.

When D’Abrosca visited on September 18, 2008, nobody answered the door, even though she could hear loud music emanating from the house and she saw the family van parked in the driveway. 4 D’Abrosca then went to visit Rita and Theresa at their school — something that she did on a monthly basis. She testified that she would talk to the children individually about inappropriate touching and explained that it was her job to keep them safe. However, even though D’Abrosca noted that Rita “appeared very nervous” when the topic of inappropriate touching was broached, the girls never disclosed any sexual abuse to her.

D’Abrosca was troubled by the fact that respondent was not allowing DCYF access to the home, and she was concerned that Morales was in the home. She filed a motion for a court order to restrain and enjoin respondent from allowing Morales to have any contact with the children or to allow him into the home and also to allow the department access to the home. The Family Court granted DCYF’s petition and entered a no-contact order against Morales. The court also committed the children to the care, custody, and control of DCYF; however, the children remained placed in their home until they were removed by the department on February 11, 2009.

The events leading to the children’s removal from the home occurred on February 10, 2009, the second time D’Abrosca gained access to the home during an unannounced visit. During this visit, Michael made a remark about how “daddy” had given him a snack, but when he was asked where “daddy” was, Michael said he did not know. D’Abrosca reiterated to respondent that Morales was not allowed in the home, and she responded that she would not jeopardize the placement of the children with her. Her visit that day caused D’Abrosca to have concerns that Morales had been in the home, so she returned the next day with her supervisor. After waiting fifteen minutes for respondent to answer the door, the two gained entry and asked respondent to let them look around the house. They discovered a bed pushed up against a closet. When asked what was in the closet, respondent became very nervous and said she was going to call her attorney. D’Abrosca then contacted the North Smithfield Police Department to conduct a search of the house; the search disclosed the presence of Morales — who was found hiding underneath the bed — a full wardrobe of his clothing, and his medications and other items. Morales and respondent were immediately arrested for obstruction, 5

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Cite This Page — Counsel Stack

Bluebook (online)
64 A.3d 1220, 2013 WL 2109936, 2013 R.I. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rita-f-ri-2013.