In re Evelyn C.
68 A.3d 70
R.I.2013Background
- Rhode Island Supreme Court reviews a Family Court order terminating parental rights of Ralph C. regarding Evelyn C.; mother Heather C.'s rights were terminated in the same decree.
- Evelyn was born in Tiverton, RI, tested positive for cocaine, opiates, and marijuana, treated for cocaine withdrawal, and placed in foster care.
- DCYF caseworker Shelly Marshall opened a case, prepared multiple case plans, and noted father refused to sign a permanency disclosure and resisted obtaining Rhode Island services.
- Father admitted cannabis dependence with a long history of marijuana use; he sought treatment at SSTAR in Fall River but continued substance use inconsistently, including after 2010.
- Over several years, the department provided services (housing, employment, counseling, sober parenting, treatment, ICPC considerations) but father largely failed to complete obligations or remain sober.
- Evelyn, now about 2–3 years old, remained in foster care with a legal need for permanence; foster parents were willing to adopt, and DCYF recommended termination as in Evelyn’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in finding chronic substance abuse. | Father argues recovery is long-standing; marijuana use in recent years is minor. | DCYF contends evidence shows ongoing cannabis dependence and decades-long history; requires termination. | Clear and convincing evidence supports chronic substance abuse. |
| Whether there was sufficient evidence that Evelyn could not be returned to father within a reasonable time. | Father complied with some services; mother’s relapse, not father’s conduct, impeded reunification. | DCYF argues reasonable efforts were made and barriers were not solely father's fault; time frame insufficient for reunification. | Evidence supports that it was unlikely Evelyn could be returned within a reasonable time; affirm. |
Key Cases Cited
- In re Amiah P., 54 A.3d 446 (R.I. 2012) (parental liberty interest; clear and convincing standard for unfitness)
- In re Shawn M., 898 A.2d 102 (R.I. 2006) (definition of chronic substance abuse; long duration evidence)
- In re Gabrielle D., 39 A.3d 655 (R.I. 2012) (reasonable efforts; totality of circumstances; reunification standard)
- In re Natalya C., 946 A.2d 198 (R.I. 2008) (reasonable efforts must be offered or received; not required to be sole provider)
- In re Brooklyn M., 933 A.2d 1113 (R.I. 2007) (DCYF reasonable efforts framework; balancing parental capacity)