In Re Samson P.

773 A.2d 889, 2001 R.I. LEXIS 162, 2001 WL 699841
CourtSupreme Court of Rhode Island
DecidedJune 21, 2001
Docket2000-202-Appeal
StatusPublished
Cited by1 cases

This text of 773 A.2d 889 (In Re Samson P.) 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 Samson P., 773 A.2d 889, 2001 R.I. LEXIS 162, 2001 WL 699841 (R.I. 2001).

Opinion

OPINION

PER CURIAM.

This case came before the Supreme Court on May 17, 2001, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown. Therefore, the case will be decided at this time.

The respondent-mother, Natalie Peixoto (mother), and the respondent-father, Ricardo Crawford (father) (collectively respondents or parents), appealed from a decree of the Family Court terminating their parental rights to their son, Samson, born on December 24, 1998. The respondents asserted separate issues on appeal. The mother argued that the Family Court erred in determining that her mental illness rendered her unfit, pursuant to G.L. 1956 § 15 — 7—7(a)(2), to care for Samson because no evidence was presented to support the conclusion that she is incapable of parenting her son. Further, she asserted that the Family Court erred when it found that the Department of Children, Youth and Families (DCYF) provided her with *890 proper services, pursuant to § 15-7-7(a)(8) and (b)(1); and, that she was incapable of availing herself of the medical training necessary to provide Samson with sufficient care for his special medical needs. The father argued that the trial justice erred in finding him -unfit, pursuant to § 15-7-7(a)(2), in light of the fact that DCYF failed to provide him with any individual case planning, that Samson’s medical condition had vastly improved since his initial commitment to the state, and that he and Samson had developed a strong father/son relationship.

It is important to note at the outset that both parents have a long history of mental illness. The mother, not currently on medication, was diagnosed with schizophrenia and testified that she has visual and auditory hallucinations.. Similarly, the father was diagnosed with a schizoaffective disorder that is difficult to manage because of mood disorder symptomatology. As a result, the father tends to remain depressed. The father testified that he has episodes approximately two times per month, and if he does not take his medication “it can be bad.”

The following facts are pertinent to this appeal. In July 1994, the mother took Samson to the doctor after he began to suffer from respiratory problems. Samson was immediately hospitalized because of serious respiratory problems that consisted of a severely narrowed airway and chronic lung disease. DCYF first became involved with Samson in September 1994, amid allegations of medical neglect stemming from the parents’ failure to attend classes designed to train them to care for Samson’s special medical needs.

The first social caseworker assigned to Samson’s case was Kathy Boday (Boday). Boday developed with the parents five case plans that included objectives requiring the parents to maintain positive mental health and to develop better parenting skills. The case plans also required the mother to maintain positive physical health. Neither parent signed any of these case plans.

Christine Chase (Chase) was assigned to Samson’s case in August 1996. At that time, Samson was in a non-relative foster home. The case plan goal was for the child’s reunification with his mother. Chase stressed to the mother the need for her to receive mental health treatment and worked with her to arrange various services, including a mental health evaluation at Providence Center. However, the mother never completed the evaluation.

Chase testified that the father did not have a separate case plan because he supported Samson’s reunification with the mother. The parents were not married nor did they reside in the same household. Nonetheless, the case plans addressed his ability to maintain treatment at the Veteran’s Hospital. The father confirmed at the hearing that he never sought placement of Samson because he did not feel it was an option. The father remained involved with the mother’s case planning and services, notwithstanding the lack of a separate case plan for him. In fact, the evidence disclosed that the father was very involved with visitation.

Chase testified that the family met biweekly for visits with Samson through a program sponsored by the Providence Children’s Museum. However, the mother was “very passive” with Samson and did not generally interact with him during these visits. Heidi Brinig (Brinig), the program director at the Children’s Museum, also testified that although the parents usually visited together, when the mother visited alone the visits were less structured because she had difficulty setting limits for Samson. Brinig explained that visits were better when both parents attended be *891 cause the father provided Samson with more direction. Despite this positive involvement by the father, Brinig testified that the father often was unwilling to accept the suggestions of her staff because he did not believe that they had the right to tell him how to raise his child.

In April 1995, after experiencing little progress with the mother’s mental health goals, DCYF requested that the mother receive a psychological evaluation to determine her capacity to parent. Doctor John Parsons (Dr. Parsons), a clinical psychologist, conducted a three-session evaluation and concluded that the mother “scored within the very lowest limits of the borderline range of general intelligence.” He also found that she had difficulty distinguishing between fantasy and reality, evidenced by, among other things, her belief that she could heal her children by laying her hands on them. Doctor Parsons concluded that given the mother’s psychological and cognitive limitations, he had “significant concerns about anybody [with] that combination of facts being an effective parent * * Based upon his evaluation, he recommended that the mother undergo an evaluation for psychotropic medication, undertake psychotherapy, have a parent aide in the home to monitor the situation, and attend parenting classes.

Doctor Judith Shaw (Dr. Shaw), Samson’s pediatrician since November 1994, and Susan Bessette (Bessette), a nurse and supervisor with Interim Health Care, testified concerning the specialized care required for Samson’s respiratory condition. Among the issues identified by both Dr. Shaw and Bessette were that Samson required a feeding tube, intermittent bron-choscopes, both speech and occupational therapy, monitoring of his three inhaled medications and oxygen, and occasionally required a ventilator. In Dr. Shaw’s opinion, Samson’s caretaker must be able to understand Samson’s nutritional and medical needs. Specifically, she believed that the caretaker needed to develop techniques for feeding, learn how to administer the inhaled medications, and monitor Samson’s oxygen saturation.

Based upon the significant medical needs of the child, the parents’ collective inability to follow through with the medical training necessary to address those needs, and the mother’s failure to deal with her own mental condition, DCYF filed an ex parte petition for custody. On December 13, 1995, the parents admitted to dependency and Samson was placed in DCYF custody.

On May 10, 1999, pursuant to § 15-7-7(a)(2)(f) and (a)(3), DCYF filed a petition to terminate both parents’ parental rights to Samson.

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Bluebook (online)
773 A.2d 889, 2001 R.I. LEXIS 162, 2001 WL 699841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-samson-p-ri-2001.