In re Lauren B.
78 A.3d 752
R.I.2013Background
- Mother tested positive for cocaine at Stephanie’s 2005 birth; DCYF placed Lauren (b. 2003) and Stephanie (b. 2005) in protective custody and filed neglect petitions.
- DCYF filed petitions on April 9, 2010 to terminate Daymon Jones’s parental rights under R.I. Gen. Laws § 15-7-7(a) based on unfitness/abandonment and prolonged DCYF custody.
- Case plans (April and Oct 2009) required sex-offender and substance-abuse evaluations, anger-management/domestic-violence counseling, housing and employment; Jones completed some items (domestic-violence counseling) but refused or failed to complete several others.
- Jones was incarcerated for much of 2005–2010, had supervised visits after release in Jan 2010, but DCYF suspended visitation after a May 28, 2010 incident in which Jones allegedly made threatening statements in front of the children.
- At trial DCYF’s social worker (Cronin) and Jones testified; trial justice found DCYF made reasonable efforts, Jones refused services and displayed uncontrolled anger, and the children had been in DCYF custody >12 months with no substantial probability of safe return.
- Family Court terminated Jones’s parental rights under § 15-7-7(a)(3) (and referenced abandonment); Supreme Court affirmed on review.
Issues
| Issue | DCYF / Plaintiff's Argument | Jones / Defendant's Argument | Held |
|---|---|---|---|
| Whether DCYF made "reasonable efforts" to reunify under § 15-7-7(a)(3) | DCYF developed case plans, offered targeted services and visitation; efforts were reasonable given Jones’s noncooperation | Jones contends DCYF ignored him, limited rather than increased visits, and should have done more | Court: DCYF made reasonable efforts; efforts evaluated case-by-case and parental cooperation matters; affirmed |
| Whether there was no substantial probability the children could safely return within a reasonable time (§ 15-7-7(a)(3)) | Failures to complete sex-offender, substance, anger-management recommendations and demonstrated uncontrollable anger made safe return unlikely | Jones says evaluations were unnecessary/biased, completed substance evaluation, and incarceration (not current conduct) caused placement | Court: Credited DCYF, Jones’s refusal to comply and anger justified conclusion that safe return was not substantially probable; affirmed |
| Whether termination could rest on abandonment (§ 15-7-7(a)(4)) | Family Court referenced abandonment in decree and facts (suspended visitation, lack of compliance) supported finding | Jones argued insufficient proof of abandonment | Court: Did not reach or need to resolve § 15-7-7(a)(4) because § 15-7-7(a)(3) independently supported termination; affirmed |
| Standard of review / burden of proof for parental termination | DCYF must prove statutory ground by clear and convincing evidence; Family Court findings entitled to deference | Jones urged reversal claiming findings not supported by clear and convincing evidence | Court: Applied deferential standard, found findings supported by legal and competent evidence; affirmed |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parents have a fundamental liberty interest; termination requires clear and convincing evidence)
- In re Steven D., 23 A.3d 1138 (R.I. 2011) (recognizing parents’ fundamental liberty interest in custody)
- In re Gabrielle D., 39 A.3d 655 (R.I. 2012) (reasonable-efforts analysis depends on case-specific factors including parental conduct)
- In re Amiah P., 54 A.3d 446 (R.I. 2012) (clear-and-convincing standard for termination)
- In re Julian D., 18 A.3d 477 (R.I. 2011) (appellate deference to Family Court findings in termination cases)
- In re Jose Luis R.H., 968 A.2d 875 (R.I. 2009) (reasonable efforts require DCYF to plan and offer appropriate services)
- In re Christopher B., 823 A.2d 301 (R.I. 2003) (reasonable efforts implicitly required under § 15-7-7(a)(3) and reference to § 15-7-7(b)(1))