In Re Tinisha P.

697 A.2d 622, 1997 R.I. LEXIS 270, 1997 WL 378115
CourtSupreme Court of Rhode Island
DecidedJuly 7, 1997
Docket96-161-Appeal
StatusPublished
Cited by10 cases

This text of 697 A.2d 622 (In Re Tinisha 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 Tinisha P., 697 A.2d 622, 1997 R.I. LEXIS 270, 1997 WL 378115 (R.I. 1997).

Opinion

OPINION

WEISBERGER, Chief Justice.

This is an appeal by a mother from a judgment entered in the Family Court terminating her parental rights in respect to three of her children. We affirm the judgment of the Family Court and deny and dismiss the mother’s appeal. The facts of the case insofar as pertinent to this appeal are as follows.

The mother in this case has given birth to seven children. Of these seven children, one has been adopted, one has been placed with St. Joseph’s Home for Children, four are residing with relatives, and her most recent child, Tracie, is committed to the care and custody of the Department of Children, Youth and Families (DCYF) while residing with petitioner. The three children who were the subject of this petition are Tinisha, Temika, and Janae, presently eleven, nine, and six years of age, respectively. The mother, Tina P., admitted on October 2, 1992, that the subject children were neglected and dependent, and they were committed to the care, custody, and control of DCYF. On July 16, 1993, DCYF filed petitions for involuntary termination of the mother’s parental rights in respect to the subject children pursuant to G.L.1956 § 15 —7—7(a)(2)(iii) and (a)(3). This statute reads as follows:

“Termination of parental rights. — (a) The court shall, upon a petition duly filed after notice to the parent and hearing thereon, terminate any and all legal rights of the parent to the child, including the right to notice of any subsequent adoption proceedings involving the child, if the court, by clear and convincing evidence finds as a fact 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:
* * *
“(iii) The child has been placed in the legal custody or care of the department for *623 children, youth, and families and the parent has a chronic substance abuse problem and the parent’s prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period of time, considering the child’s age and the need for a permanent home. The fact that a parent has been unable to provide care for a child for a period of twelve (12) months due to substance abuse shall constitute prima facie evidence of a chronic substance abuse problem.
“(3) The child has been placed in the legal custody or care of the department for children, youth, and families for at least twelve (12) months; and the parents were offered or received services to correct the situation which led to the child being placed, and provided further that there is not a substantial probability that the child will be able to return to the parentsP] care within a reasonable period of time considering the child’s age and the need for a permanent home.”

In support of its petitions, DCYF presented evidence that the mother had admitted to both drug and alcohol abuse and that she had been referred to a number of programs for treatment. An outline of these programs and her response thereto follows.

On May 4,1992, DCYF referred the mother to a St. Joseph Hospital program for substance-abuse treatment. On July 15, 1992, the mother informed Rose Ann Fowler, a DCYF social case worker, that she had not entered the program in spite of an offer of transportation because this program would not meet her needs. She stated that a more intensive residential program would be more appropriate.

Thereafter the mother was referred to the Roger Williams Hospital detoxification program in August of 1992. She then enrolled in an Eastman House residential-treatment facility. On August 31, 1992, she was discharged without having completed the program.

On September 4, 1992, prior to a hearing in Family Court, she was questioned by a DCYF caseworker concerning her use of alcohol and she admitted to having had a few beers, the aroma of which was still apparent. On October 2, 1992, a justice of the Family Court ordered the mother to enter a residential-treatment facility when a bed became available.

On December 25, 1992, the mother delivered another child, Jerome, who tested positive for cocaine at birth. A new social worker was assigned to the family in January 1993. On January 28 of that year the mother admitted to having smoked crack cocaine a short time earlier. On February 24, 1993, she informed the new social worker, William O’Donnell (O’Donnell), that a bed had been available for her at Marathon House but that she had not had transportation to get there. O’Donnell testified that he served as her DCYF social case worker up to and including the time of trial. He testified that she had been referred to a number of programs including the Talbot House out-patient program, Talbot House day treatment, Talbot House residential treatment, Marathon House residential treatment, and St. Joseph’s Commitment to Change, but that during this period from January of 1993 until the time of trial the subject children remained in foster care and the mother did not successfully complete any of the substance-abuse programs to which she had been referred. The DCYF introduced a discharge summary from Talbot House dated May 6,1994, which stated that her condition at the time of discharge was worse than at the time of entry, that she had often relapsed, and that she did not go either to detoxification or to residential programs.

An additional DCYF child-protective investigator, Maureen Murphy, testified that she was assigned April 11, 1994, to investigate allegations of substance abuse on the part of the mother. The mother had given birth on April 10, 1994, to a child named Jasmine. The mother admitted to using cocaine on two occasions during her pregnancy.

On the positive side, Janet A Quirk (Quirk), who was a ease manager of the SStarbirth Program, testified that the mother entered this program in May of 1995 and committed herself to the program for a period of one year. Quirk testified on November *624 20, 1995, at the termination proceeding. She testified that at the time the mother was admitted into SStarbirth, she had tested positive for cocaine. Quirk asserted that she believed the mother would successfully graduate in May of 1996, and would then become involved in an after-care program. On September 5, 1995, the mother gave birth to Trade, who has remained with the mother and who at the time of trial resided with her mother at the SStarbirth program.

On December 4, 1995, a justice of the Family Court found that the mother had neglected Jasmine. On November 27, 1995, Jasmine’s father obtained custody of the child. On November 3, 1995, the mother admitted that Trade was a neglected child. Trade was committed to the care, custody, and control of DCYF, which allowed possession to remain with the mother so long as she cooperated with substance-abuse treatment.

The mother testified that the three subject children had been in DCYF’s care for approximately two and one-half years. She further stated that her substance-abuse problem consisted largely of smoking crack cocaine and that she began using drugs in 1985 at the age of seventeen.

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Cite This Page — Counsel Stack

Bluebook (online)
697 A.2d 622, 1997 R.I. LEXIS 270, 1997 WL 378115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tinisha-p-ri-1997.