152 A.3d 408
R.I.2017Background
- Child born in 2012; family had prior Massachusetts DSS involvement and moved to Pawtucket in June 2014.
- Father (Eric H.) was arrested in July 2014, pled to a drug conspiracy charge, and was incarcerated at ACI with an 18‑month sentence.
- On October 6, 2014, the mother admitted to an alcohol relapse, acted erratically, and the child was placed in DCYF temporary custody; mother pled to dependency.
- DCYF filed neglect and dependency petitions; father was the sole witness at the May 12, 2015 Family Court trial.
- Father argued he had financially provided for the child before incarceration and offered to plead to dependency, but the trial justice rejected the dependency plea and found father neglected the child for failing to provide a minimum degree of care while incarcerated.
- Family Court committed the child to DCYF; father appealed and the Supreme Court affirmed the neglect finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing father’s offered plea to dependency | DCYF conditionally willing to accept plea; dependency plea appropriate and would conserve resources | Father: his incarceration made him unable to care but dependency plea appropriate since mother pled to dependency | Court: Trial justice did not abuse discretion; incarceration due to father’s fault (criminal conduct) precludes dependency plea because dependency requires inability through no fault of parent |
| Whether legally competent evidence supports a finding of neglect by father | DCYF: father knew mother’s alcohol history, made no contingency arrangements, and was unable to provide care due to incarceration | Father: he provided financially before incarceration and maintained the home; therefore did not neglect | Court: Clear and convincing evidence supports neglect—father’s incarceration left child without minimum care/supervision and he made no adequate arrangements |
Key Cases Cited
- In re Jermaine H., 9 A.3d 1227 (R.I. 2010) (standard of review — findings by clear and convincing evidence and deference to trial justice)
- In re Adner G., 925 A.2d 951 (R.I. 2007) (clarifies clear and convincing proof standard)
- In re Isabella C., 852 A.2d 550 (R.I. 2004) (trial justice's findings entitled to great weight on appeal)
- In re T.T.C., 855 A.2d 1117 (D.C. 2004) (incarceration can render parent unable to provide minimum degree of care when no one is legally authorized to act on parent’s behalf)