In Re Jazlyn P.
31 A.3d 1273
| R.I. | 2011Background
- DCYF petitioned to terminate parental rights of Michael Patino and Patricia Oliver regarding Jazlyn P. (born 2008).
- Trial in Family Court occurred September 22 and October 1, 2010; DCYF sought termination on grounds of cruel and abusive conduct and Patino's imprisonment may impact parenting ability.
- Marco Nieves (Oliver’s son) died October 4, 2009 from intra-abdominal injuries; Jazlyn, living with Oliver and Patino, was evaluated for possible maltreatment.
- Physicians at Hasbro Children’s Hospital documented Jazlyn’s posterior rib fractures, leading to temporary custody by DCYF on October 5, 2009.
- Dr. Christine Barron testified that Marco’s injuries and Jazlyn’s injuries were consistent with inflicted abuse; Detective Cardone testified about Patino’s statement and admission.
- The Family Court terminated Patino’s parental rights on October 19, 2010; Patino appealed challenging admission of exhibits 1–2 and sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of exhibits 1 and 2 (consultation reports). | Patino | Patino argues hearsay issues; reports were improperly admitted as full exhibits. | Exhibits admitted; objection not properly preserved; hearsay challenge waived. |
| Sufficiency of evidence of cruel and abusive conduct by Patino. | DCYF | Insufficient evidence to prove unfitness by clear and convincing evidence. | Record contains substantial evidence of abuse; termination affirmed. |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (due process requires clear and convincing evidence for parental termination)
- In re Steven D., 23 A.3d 1138 (R.I. 2011) (due process and best interests in termination cases; weight to trial findings)
- In re Destiny D., 922 A.2d 168 (R.I. 2007) (state may protect a child preemptively; burden shifts after prima facie showing)
- In re Peter S., 973 A.2d 46 (R.I. 2009) (prima facie evidence of cruelty allows state to require parental fitness evidence)
- In re Victoria L., 950 A.2d 1168 (R.I. 2008) (abuse toward one child may justify termination as to other children in the same household)