In the Interest of Doe Children

117 P.3d 866, 108 Haw. 134, 2005 Haw. App. LEXIS 304
CourtHawaii Intermediate Court of Appeals
DecidedJuly 18, 2005
DocketNos. 26739, 26080
StatusPublished
Cited by3 cases

This text of 117 P.3d 866 (In the Interest of Doe Children) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Doe Children, 117 P.3d 866, 108 Haw. 134, 2005 Haw. App. LEXIS 304 (hawapp 2005).

Opinion

Opinion of the Court by

BURNS, C.J.

This is a Hawaii Revised Statutes (HRS) Chapter 587 (1993 and Supp.2004) termination of parental rights case involving the mother (Mother) and father (Father) of the following five male children: First Son, born on September 6, 1992; Second Son, born on December 16, 1997; Third Son, born on December 16, 1997; Fourth Son, born on October 23, 2000; and Fifth Son, born on January 31, 2002.

Appeals no. 26080 and 26739 were consolidated for decision on June 1, 2005. Appeal no. 26080 pertains to the family court decision terminating Father’s parental rights with respect to Second Son, Third Son, and Fourth Son. Appeal no. 26739 pertains to the family court decision terminating Father’s parental rights with respect to First Son and Fifth Son. We affirm.

BACKGROUND

The Findings of Fact and Conclusions of Law, entered by Judge Marilyn Carlsmith on November 5, 2003 (November 5, 2003 FsOF and CsOL), contain more than three hundred findings of fact. In relevant part, those findings state as follows:

10. Mother and Father have a history of substance abuse, domestic violence and inadequate parenting skills.
11. In January 2000 DHS [Department of Human Services, State of Hawai'i] confirmed threatened neglect of the three oldest ... children due to drug abuse.
12. In October 2000, DHS confirmed threat of abuse and neglect of [Fourth Son] by Mother when [Fourth Son] tested positive for crystal methamphetamine at birth.
13. Both parents signed a voluntary foster custody agreement.
14. Father completed services including anger management and drug treatment, the children were returned to him and the case was closed.
15. Mother only did parenting class and remained an untreated substance abuser.
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17. DHS filed a petition under Chapter 587, HRS, on February 7, 2002, and [sic] alleging threat of abuse and threatened neglect when Mother tested positive for methamphetamine and amphetamine at the birth of [Fifth Son] on January 31, 2002.
18. At a return date on February 11, 2002, Mother agreed to jurisdiction and foster custody. The court took jurisdiction as to mother and DHS was awarded foster [136]*136custody of the children. Father contested court involvement and the matter was set for an adjudication as to father on March 5, 2002.
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20. At a trial on March 5, 2002, the court took jurisdiction as to Father and again awarded DHS with foster custody over the children....
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31. Parents were complying with the service plan but not fully cooperating with DHS or demonstrating positive changes in their behavior. Nevertheless, the goal remained reunification by March 2003.
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37. At the hearing on April 25, 2003 the court granted maternal aunt and uncle’s Motion for Leave to Intervene.

APPEAL NO. 26080

On May 22, 2003, DHS filed a Motion for Order Awarding Permanent Custody and Establishing a Permanent Plan regarding Second Son, Third Son, and Fourth Son.

On July 30, 2003, after a trial, Judge Carls-mith entered an Order Awarding Permanent Custody that divested Mother and Father of their parental and custodial rights and duties with respect to Second Son, Third Son, and Fourth Son, awarded permanent custody to DHS, and ordered the May 15, 2003 Permanent Plan into effect. The goal of that permanent plan was adoption.

On August 18, 2003, Father filed a motion for reconsideration authorized by HRS § 571-54 (Supp.2004). On August 20, 2003, Mother filed a motion for reconsideration authorized by HRS § 571-54. On September 5, 2003, Judge Carlsmith entered an order denying both motions for reconsideration.

On September 9, 2003, Mother’s notice of appeal was filed. On September 30, 2003, Father’s notice of appeal was filed.

The November 5, 2003 FsOF, further state, in relevant part, as follows:

56. It was not what parents were doing that was the main problem but the inconsistent pattern of lying that amounted to a safety risk.
57. After three years of DHS intervention and a year of family court involvement, parents failed to demonstrate changed behavior and good judgment such that they are able to provide a safe home for [Second Son, Third Son and Fourth Son].
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87. Mother’s greatest fear is losing Father.
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91. Although parents agreed that they would not live together when [M] other left her treatment program, Mother continued to spend most of her free time with Father.
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101. Mother has had continuous contact with Father including seeing Father and [First Son] after school and staying with Father on weekends.
102. Motherf’s] regular contact with [F]ather put her at risk of relapse and shows poor judgment.
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115. Mother’s domestic violence counselor expressed great surprise when told that Mother admitted under oath that Father had been the perpetrator of at least three incidents of physical violence.
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120. Mother was willing at trial to do or say anything in order to make Father look good so that he would get the children back.
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163. Father had a chaotic childhood that involved severe physical abuse by his father.
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169. Father has never resolved past childhood issues which affect parenting, resolve past childhood trauma, resolve personality dysfunction & understand how behavior and personality impact upon well being of the children as outlined in Father’s psychological evaluation on April 27, 2000.
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175. The result of Father’s lack of insight and non-protectiveness was the in útero exposure of [Fifth Son] to amphetamines and crystal methamphetamines. Patterns seen in past behavior can predict future behavior.
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179. Although Father completed anger management, he failed to demonstrate those skills in his interactions with DHS.
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182. Father has not admitted the impropriety of swearing in the presence of children and instead attempts to rationalize his behavior by saying everyone swears and that he does not swear at the children.

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Related

State v. Miller.
223 P.3d 157 (Hawaii Supreme Court, 2010)
In re Doe Children
119 P.3d 1146 (Hawaii Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
117 P.3d 866, 108 Haw. 134, 2005 Haw. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-doe-children-hawapp-2005.