In Re Suebun V.

766 A.2d 939, 2001 R.I. LEXIS 56, 2001 WL 170985
CourtSupreme Court of Rhode Island
DecidedFebruary 16, 2001
Docket99-472-Appeal
StatusPublished
Cited by6 cases

This text of 766 A.2d 939 (In Re Suebun V.) 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 Suebun V., 766 A.2d 939, 2001 R.I. LEXIS 56, 2001 WL 170985 (R.I. 2001).

Opinion

OPINION

PER CURIAM.

This case came before the Supreme Court on January 24, 2001, pursuant to an order directing the respondents to appear and show cause why the issues raised in this appeal should not be summarily decided. After hearing arguments of counsel and reviewing the memoranda submitted by the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the issues raised on appeal at this time.

The respondent-mother, Dawn Beane (mother or respondent), appeals from a decree of the Family Court terminating her parental rights to her children, Sue-bun, born February 8, 1991; Patricia, born November 8, 1992; and Sengmeney, born January 27, 1994. 1 On appeal, respondent asserted that the Department of Children, Youth and Families (Department or DCYF) failed to prove by clear and convincing evidence that respondent suffered from a chronic substance abuse problem that rendered her incapable of caring for her children. The mother further maintained that the trial justice erred in terminating her parental rights based on the finding that the children had been in DCYF custody for at least twelve months with no substantial probability that the children would be able to return to her care within a reasonable period. Ultimately, she contended that the trial justice erred in granting DCYF’s petition to terminate her parental rights with respect to these children. We deem these claims to be without merit.

The Department first became involved with this family on February 21, 1995, when a counselor at Family Resources in Woonsocket called to report that four-year-old Suebun, the oldest child, ignited several fires in and around their home. *941 Joann Prior (Ms. Prior), a social worker with DCYF, was the only caseworker to be assigned to this family from March 1995, through the termination proceeding. Upon first becoming involved with the family, Ms. Prior learned that Suebun had been sexually abused by his maternal cousins and possibly by other family members. Besides his tendency to set fires, Suebun also had been exhibiting other aggressive behaviors. Ms. Prior quickly established a case plan to deal with the myriad of issues facing the family, including parenting classes to insure proper supervision and care of the children.

The Department provided parent aide services, sexual abuse evaluation and mental health counseling for family members, specifically for mother, father and Suebun. Ms. Prior discussed with respondent the fact that the appointments for the parenting aide services were not being kept. The respondent offered no explanation or excuse for her failure to comply with the case plan that she had signed, but assured the caseworker that she would “follow up.” Ms. Prior also informed mother that counseling services had been terminated for Suebun because of respondent’s repeated failure to comply with the appointment schedule. The respondent blamed those missed appointments on her four-year-old, asserting that “[he] would go out” when it was time for mother to accompany Suebun to his appointments. A second case plan was prepared on October 28, 1995, again, with the goal of maintaining the children at home while the parents engaged in counseling and parenting classes. An additional goal of maintaining appropriate housing was added as a result of Ms. Pri- or’s concerns that the family had moved several times. 2 The respondent indicated that she would cooperate both with parenting aide services, and with attempts to provide Suebun with additional mental health services. 3

In January 1996, while the children were in the care of their father, Ms. Prior learned that there had been another incident of possible sexual abuse of three-year-old Patricia, involving the same cousins. A few days later, Ms. Prior received another call from respondent, this time informing her that the father had been arrested and charged with delivery of cocaine. Concerned about the arrest, Ms. Prior suggested that respondent undergo a substance abuse evaluation, and arranged the same with Trihab, Inc. The respondent never submitted to the evaluation. Further, respondent was again experiencing difficulty in maintaining proper housing. The mother informed Ms. Prior that she could not go back to her apartment because the pipes had frozen, so she again took up residence with her sister and her family. Ms. Prior gave respondent the number of an emergency shelter, explaining to her that the children absolutely could not remain in that environment. Eventually, respondent and the children were accepted by the Woonsocket Shelter. However, on February 8, 1996, Ms. Prior was informed that mother was discharged from the shelter because a “crack pipe” was found in her room. At this point, respondent admitted to using cocaine.

Upon further inquiry, Ms. Prior learned that respondent had been using drugs and that she had previously lied about having a problem. However, respondent still refused to undergo a substance abuse evaluation. The children were immediately removed from respondent’s care and placed in the custody of DCYF. During this time, the oldest child, Suebun, disclosed to Ms. Prior the conditions in the home and described how respondent and father *942 would put the children in the living room so that they could ingest narcotics in the bedroom.

On April 23, 1996, a decree was entered in the Family Court stating that the children were neglected by respondent because of her cocaine abuse. The children were returned to the mother’s care at the Woonsocket Shelter, and a new case plan was formulated that directly addressed substance abuse evaluation and treatment — again, with the primary goal to maintain the children in the home. At this point, Ms. Prior met with the parents and discussed budgeting issues and made referrals for various housing programs. She also discussed the importance of remaining free of any and all drugs, attending all counseling sessions, following the advice and recommendations of the counselors, and submitting to weekly urine screens. As of July 1,1996, respondent had failed to contact either the parenting aide services or the substance abuse program.

Yet another case plan was instituted for this family with the goal of maintaining the children in the home. The primary tasks in this plan were directed toward respondent’s retaining independent housing and to maintain a drug and alcohol free lifestyle. Again, respondent failed to cooperate and refused to participate in the services provided to her. The children were removed from respondent’s home for the last time. The impetus of this removal was the fact that Suebun, then five-years-old, was found wandering down the street, barefoot with no shirt. On October 3, 1996, Ms. Prior sought and was granted a change of placement for the children. Another case plan was generated in February 1997, with the aim of reunifying the children with their parents. However, a petition to terminate mother’s parental rights with respect to her three children was filed on July 30,1997.

After a trial on the merits, the trial justice found that the Department had established by clear and convincing evidence, that the parents were unfit and that DCYF had made reasonable efforts to assist the parents and reunify them with their children.

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Bluebook (online)
766 A.2d 939, 2001 R.I. LEXIS 56, 2001 WL 170985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-suebun-v-ri-2001.