In re Isabella M.
66 A.3d 825
R.I.2013Background
- DCYF filed petitions in Sept. 2010 seeking involuntary termination of parental rights for Bella and Cody.
- Trial court held six-day proceedings in May–June 2011; father did not appear, mother testified sparingly.
- Trial court found mother had chronic substance abuse and conduct seriously detrimental to the children; prognosis for return within reasonable time was poor.
- Mother repeatedly failed to engage in required mental-health, substance-abuse, and housing services across multiple DCYF case plans.
- Mother completed a psychological evaluation and some services but remained homeless and largely noncooperative.
- Children were placed together in a preadoptive foster home and had no meaningful contact with father after mid-2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 15-7-7(a)(3) supports termination for mother | Isabella M. argues twelve-month custody with services and no substantial return probability. | DCYF contends there was no substantial probability of return within a reasonable time. | Affirmed: court upheld termination under § 15-7-7(a)(3). |
| Whether § 15-7-7(a)(4) supports termination for father (abandonment) | Father argues contact attempts negate abandonment. | DCYF shows nearly a year without contact and missed visits. | Affirmed: court found abandonment under § 15-7-7(a)(4). |
| Whether grounds under § 15-7-7(a)(2)(iii)-(vii) were properly applied to mother | Mother challenges chronic substance abuse and seriously detrimental conduct findings. | DCYF asserts evidence supports unfitness under multiple subparts. | Unnecessary: affirmance on § 15-7-7(a)(3) renders other grounds moot. |
Key Cases Cited
- In re Steven D., 23 A.3d 1138, 23 A.3d 1138 (R.I. 2011) (fundamental liberty interest; clear-and-convincing standard for unfitness)
- In re Alexis L., 972 A.2d 159, 972 A.2d 159 (R.I. 2009) (requires clear and convincing evidence of unfitness)
- In re Dayvon G., 10 A.3d 448, 10 A.3d 448 (R.I. 2010) (best interests govern after unfitness finding)
- In re Brook Ann R., 994 A.2d 1241, 994 A.2d 1241 (R.I. 2010) (parental unfitness standard; factors for permanency)
- In re Angelina T., 996 A.2d 623, 996 A.2d 623 (R.I. 2010) (good-faith efforts to visit may rebut abandonment)
- In re Danesha J., 889 A.2d 230, 889 A.2d 230 (R.I. 2006) (lack of contact can support abandonment despite partial contact)