In Re Destiney L.
2011 R.I. LEXIS 77
| R.I. | 2011Background
- DCYF removed ShaHeim L. and Destiney L. (and Destiney's half-brother Ty) from Shakiyyah L. on 4/14/2005 due to maternal drug use during pregnancy; children placed with relatives with reunification goal.
- Case plans (Aug 12, 2005 and Jan 9, 2006) outlined sobriety, evaluations, visits, parenting and mental-health services, but none completed prior to petitions.
- TPR petitions filed: ShaHeim (May 25, 2006) and Destiney (June 21, 2006); CODAC referral and later substance-abuse treatment pursued by mother.
- Mother completed CODAC program in Dec 2006 after a period of noncompliance and absence from the state; after-care engagement was lacking.
- Family Court found unfitness under § 15-7-7(a)(2)(iii) (chronic substance abuse) and satisfied § 15-7-7(a)(3) (12+ months in care with services) and terminated parental rights in May 2008; Rhode Island Supreme Court affirmed.
- Standard of review recognizes a fundamental parental liberty interest and requires clear and convincing evidence of unfitness and reasonable efforts by DCYF.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether completion of treatment rebutted the prima facie chronic abuse presumption | Shakiyyah argues treatment completion rebutts chronic abuse. | DCYF argues presumption remains despite later treatment. | No; completion after petition does not overcome presumption. |
| Whether DCYF provided reasonable efforts to strengthen the parent-child relationship | Shakiyyah contends DCYF failed to address key barriers beyond substance abuse. | DCYF argues it made efforts; focus on substance abuse; other gaps not dispositive given chronic-abuse finding. | DCYF's efforts were reasonable on substance-abuse front; other service gaps do not negate the termination given unfitness. |
Key Cases Cited
- In re Destiny D., 922 A.2d 168 (R.I. 2007) (natural-parent rights; best interests test; clear-and-convincing evidence standard)
- In re Victoria L.,, 950 A.2d 1168 (R.I. 2008) (great weight given to trial court findings; due-process requirement of clear and convincing evidence)
- In re Natalya C.,, 946 A.2d 198 (R.I. 2008) (reasonableness of services; impact on best interests)
- In re Kristen B.,, 558 A.2d 200 (R.I. 1989) (parens patriae; factors for termination; best interests)
- In re Joseph S.,, 788 A.2d 475 (R.I. 2002) (fact-intensive standard for reasonable efforts; reunification goal)