In Re Jack L.
161 N.H. 611
| N.H. | 2011Background
- Jack L. born Feb. 1999; guardianship to paternal grandmother granted Jan. 2004 with parental consent.
- DCYF filed neglect petition against grandmother in 2007; guardian ad litem appointed for Jack L.
- Parents left NH for Washington, later Arkansas; failed to attend dispositional and review hearings.
- By Nov. 2007, grandmother had legal custody with DCYF; parents had little to no contact.
- Dec. 18, 2008, DCYF filed TPR petitions against both parents for abandonment; parental rights terminated Feb. 10, 2010.
- Appeal followed challenging ADA-related issues and claimed agency defense to abandonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ADA/GAL failure in neglect case invalidates TPR | Parents argue ADA requires GAL/guardian for them | DCYF contends issue not preserved or meritless | Issue preserved but lack of merit; no invalidation of TPR |
| Whether grandmother’s alleged agency precludes abandonment | Parents rely on agency theory that grandmother acted for them | Agency defense not applicable given facts | Agency theory not a valid defense here; abandonment proven |
| Whether abandonment was established under RSA 170-C:5, I | Six-month no-contact presumption supported | Parents contend insufficient proof of abandonment | Abandonment, via six-month presumption, proven; TPR affirmed |
Key Cases Cited
- In re Adam R., 159 N.H. 788 (2010) (fundamental parental rights; welfare of the child governs termination)
- In re Zachary G., 159 N.H. 146 (2009) (best interests and standards for termination; beyond reasonable doubt on statutory ground)
- In re Thomas M., 141 N.H. 55 (1996) (parental responsibilities; necessity of active parental involvement vs. delegation)
- In re Jessie E., 137 N.H. 336 (1993) (abandonment presumption; mere flicker of interest insufficient)