In re Tricia H.

493 A.2d 1146, 126 N.H. 418, 1985 N.H. LEXIS 318
CourtSupreme Court of New Hampshire
DecidedApril 19, 1985
DocketNo. 83-529
StatusPublished
Cited by16 cases

This text of 493 A.2d 1146 (In re Tricia H.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Tricia H., 493 A.2d 1146, 126 N.H. 418, 1985 N.H. LEXIS 318 (N.H. 1985).

Opinion

SOUTER, J.

The parents of two minor children appeal under RSA 567-A:l (Supp. 1983) from a decree of the Merrimack County Probate Court (Cushing, J.), terminating their parental rights under RSA 170-C:5, III (Supp. 1983). The father claims that the probate court lacked jurisdiction to terminate his rights, because he was not the named respondent in a related neglect proceeding under RSA chapter 169-C (Supp. 1983). Both parents claim that the court applied erroneous standards for determining that the conditions for termination had been satisfied. We affirm.

The appellants are the natural parents of nine children. During the family’s earlier residence in Vermont, the courts of that State terminated the appellants’ parental rights over six of the children [420]*420on grounds of neglect and released the children for adoption. One child, born in 1983, remains with the appellants; the other two are the subjects of this appeal.

When these two children were infants, they too were placed in the custody of the State of Vermont following an adjudication of neglect. The record indicates that the children had been kept in filthy surroundings contaminated by animal feces and other noxious debris. In January 1979, their mother wished to move to Concord, New Hampshire, where their father was incarcerated at the New Hampshire Hospital, following conviction of aggravated felonious sexual assault on a minor. Tricia and Trixie were then, respectively, ten months and two and one-half years old. Vermont authorities released the children to the mother’s custody, subject to requirements that she obtain suitable housing in Concord and allow periodic inspections by Vermont or New Hampshire authorities.

Soon after the mother and children moved to New Hampshire, an officer of the Concord Police Department filed a petition in the Concord District Court charging the mother with neglect under RSA 169:3 (now RSA 169-C:7 (Supp. 1983)). Although the father was not named as a respondent, the record indicates that he had actual notice of the charges. After his release from the hospital he actually appeared by counsel in later stages of the case.

On February 5, 1979, the district court awarded temporary custody to the New Hampshire Division of Welfare, which has provided foster care for the children ever since. At later proceedings, the State offered evidence that the mother and children had been living in an automobile and in the State Hospital’s tunnels, which were dirty and infested with vermin. One child had bronchitis at the time the petitions were filed.

At the dispositional hearing under RSA 169:9 (now RSA 169-C:19 (Supp. 1983)), held on May 21, 1979, the district court found that the children were neglected. It accepted the division’s recommendation that the mother should have visitation rights while the children remained in foster care. The division also recommended that the mother receive counselling on how to be an effective parent, that she obtain decent housing, and that the court seek the release of hospital reports on the father’s treatment.

The record is replete with evidence that for some four years thereafter the division, at the court’s behest, made repeated efforts to foster conditions under which the children could be returned to their parents. The record is equally clear that the mother, and later the father, failed or refused to make efforts sufficient to correct the conditions that had led to the finding of neglect. The mother obtained no counselling, she often failed or refused even to meet [421]*421with case workers, and she occasionally threatened to kill them. Following the father’s release, he made no significant efforts to provide for the children.

A brief chronological review of the record bears out these conclusions. At a hearing in February 1980, the district court recommended that the mother obtain counselling and work with the division to provide for the children’s care. Despite little progress, in May 1980 the division and the mother jointly submitted a case plan under RSA 169-C:21, II (Supp. 1983). The plan called for the submission of a full report on the father’s psychiatric condition and a psychological evaluation of the mother. Under the plan she was obligated to obtain employment, so that she could contribute something for the support of the children, and to obtain a suitable place for the children to live.

Six months later, in November 1980, the district court ordered that the children remain in foster care, after considering reports from the division of welfare and the guardian ad litem that neither parent had complied fully with the case plan. Evidence indicated that the father had failed to authorize the release of hospital reports on his condition. Although the mother had obtained a job and housing, she had been unable or unwilling to cooperate with the psychiatrist who had attempted to make a psychological evaluation of her condition. The children’s guardian ad litem held the opinion that the roots of the mother’s problems as a parent and homemaker were yet to be addressed. In response, the district court again ordered a psychological evaluation of the mother. Although the court also authorized the mother’s visitation with the children outside the foster home, two months later it revoked that order for outside visitation after finding that the mother had acted irresponsibly in exercising her visitation privilege, had refused to have the evaluation, and had refused to cooperate with the counsel whom the court had appointed for her.

In July 1981, the hospital released the father. He rejected his parole officer’s recommendation to communicate with the division of welfare about his children and made no response to the division’s own efforts to meet with him. It was not until May of 1982, and after repeated requests, that he signed a release authorizing the hospital to share his records with the district court.

By October 1981, the district court found that “exhaustive efforts [had] been made by all parties to reunite this family unit, but in every instance those efforts [had] been frustrated and refused by the parents . . . .” The court recommended that the division seek termination of parental rights in the probate court. The division did not [422]*422do so immediately, however, and on November 9, 1981, the father formally appeared, through counsel, in the district court proceedings.

For another year, conditions remained largely unchanged. It appears that during this period the parents failed to maintain living quarters that would have been appropriate for the children. The father’s parole officer later testified that he had found the dwelling messy and malodorous.

It was not until December, 1982, that the parents met with a psychiatrist, two years after the first appointment had been made for them. Although they met with the psychiatrist three more times, the doctor concluded that the parents had made the visits merely to create a favorable impression at a later court appearance. Both parents were offered treatment for psychological problems affecting their ability to care for the children, but both refused it.

Finally, in March 1983, the district court again reviewed the case and concluded that the parents had frustrated the substantial efforts that the court and the division had made to. reunite the family. For a second time, the district court recommended a termination of parental rights. On August 22, 1983, the division filed the present petition in the Merrimack County Probate Court, which granted the petition on December 1, 1983.

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Bluebook (online)
493 A.2d 1146, 126 N.H. 418, 1985 N.H. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tricia-h-nh-1985.