In re Briann A.T.
146 A.3d 866
| R.I. | 2016Background
- DCYF removed Briann (b. 2007) and Bri’Nayshia (b. 2010) from their mother’s home in Aug. 2012; Family Court adjudicated them neglected and committed them to DCYF custody in Jan. 2013.
- DCYF filed petitions in Oct. 2014 to terminate respondent father Marvin T.’s parental rights under § 15-7-7(a)(2)(vii) and (a)(3); mother consented to termination and open adoption.
- DCYF developed eight case plans (four per child) requiring employment, suitable housing, parenting/visitation, and mental-health engagement; respondent attended visits sporadically, cancelled many, and refused or failed to complete recommended services and releases for children’s care.
- DCYF and service providers documented respondent’s combative, angry, and sometimes threatening behavior, refusal to accept responsibility, refusal to sign medical releases, and statement that he would “hand the children over to his sister.”
- Foster families provided stable, nurturing pre-adoptive homes; both children had formed strong bonds with foster parents who wished to adopt.
- Family Court terminated respondent’s parental rights (May 2015). On appeal, the Rhode Island Supreme Court affirmed, finding parental unfitness, reasonable efforts by DCYF, and that adoption by foster families served the children’s best interests.
Issues
| Issue | Plaintiff's Argument (DCYF) | Defendant's Argument (Marvin T.) | Held |
|---|---|---|---|
| Parental unfitness under § 15-7-7(a)(2)(vii) | Clear and convincing evidence of conduct (angry, threatening, noncompliance, refusal of services) rendering him unfit | Challenges sufficiency of evidence; blames DCYF for not providing individualized treatment | Court: Affirmed; record supports unfitness finding by clear and convincing evidence |
| Reasonable reunification efforts (§ 15-7-7(b)(1) and (a)(3)) | DCYF provided multiple case plans, referrals, visitation arrangements, and services | Argues DCYF failed to provide adequate individualized treatment; labels findings vague | Court: DCYF made reasonable (indeed extensive) efforts; failure lay with respondent |
| Best interests of the children after unfitness/reunification findings | Adoption by foster families is in children’s best interests due to stability and bonds | Implicit: preserving parental rights preferable | Court: Best interests favor termination and adoption by foster parents |
| Sufficiency of standard of proof (clear and convincing) | Evidence met the heightened standard for unfitness and reasonable efforts | Argues state did not meet clear and convincing burden | Court: Standard satisfied; findings entitled to great weight and not clearly erroneous |
Key Cases Cited
- In re Amiah P., 54 A.3d 446 (discussing review standard and due-process burden of clear and convincing evidence)
- In re Victoria L., 950 A.2d 1168 (standard of appellate review of Family Court findings)
- In re Jennifer R., 667 A.2d 535 (deference to trial justice on parental unfitness findings)
- In re Ryan S., 728 A.2d 454 (mental-health problems and refusal of services support unfitness)
- In re Charles L., 6 A.3d 1089 (periods of noncompliance, violent outbursts support unfitness)
- In re Jose Luis R.H., 968 A.2d 875 (scope of "reasonable efforts" required of agency)
- In re Brooklyn M., 933 A.2d 1113 (three-step review: unfitness, reasonable efforts, best interests)