In Re Dayvon G.
10 A.3d 448
| R.I. | 2010Background
- DCYF filed involuntary termination petitions for Dayvon and Selena on March 28, 2008 under RI law §§ 15-7-7(a)(2)(iii), (a)(3), (a)(4).
- Grounds alleged: chronic substance abuse, placement in DCYF custody for at least 12 months with no substantial probability of safe return, and abandonment.
- Dayvon born May 13, 2005; Dayvon placed in foster care at birth due to respondent’s marijuana use during pregnancy; Selena born November 15, 2006; Selena removed in January 2007 after an incident involving unapproved caretakers.
- Respondent moved to New York in 2007, leading to missed visits; DCYF provided multiple services (counseling, parenting, mental health, substance abuse) and later referred for further evaluation; Dr. Parsons conducted a psychological evaluation.
- Family Court conducted a nine-day trial in Dec 2008–Jan 2009; found respondent unfit and there was no substantial probability of return; decrees terminating parental rights entered.
- Court affirmed termination, concluding it should be upheld on the § 15-7-7(a)(3) ground and remanded the record; other grounds not reached.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 15-7-7(a)(3) supports termination. | DCYF argues no substantial probability of return. | Respondent contends services could enable reunification. | Yes; record shows no substantial probability of safe return. |
| Whether § 15-7-7(a)(2)(iii) (chronic substance abuse) supports unfitness. | DCYF argues evidence of ongoing substance issues supports unfitness. | Respondent argues issues were manageable and reliant on services. | Not necessary to decide; affirmed on § 15-7-7(a)(3) ground; other grounds not reached. |
Key Cases Cited
- In re Ariel N., 892 A.2d 80 (R.I.2006) (standards for reviewing termination orders; weight of findings)
- In re Rene B., 544 A.2d 137 (R.I.1988) (due process and clear and convincing standard)
- In re Brook Ann R., 994 A.2d 1241 (R.I.2010) (unfitness burden and best interests)
- In re Destiny D., 922 A.2d 168 (R.I.2007) (parens patriae; parental rights termination factors)
- In re Pricillion R., 971 A.2d 599 (R.I.2009) (substantial probability and permanency planning)
- In re Victoria L., 950 A.2d 1168 (R.I.2008) (clear and convincing standard; dependency and placement issues)
- In re William, Susan, and Joseph, 448 A.2d 1250 (R.I.1982) (standard for affirming lower court termination orders)
- In re Brianna D., 798 A.2d 413 (R.I.2002) (child’s best interests; bond and safety considerations)