In re Damien M.

Summary

The Rhode Island Supreme Court affirmed a Family Court order terminating the respondent-father's parental rights and granting an adoption petition. The court held that the father waived his judicial-bias argument by failing to raise it below and, in any event, that the trial justice's questioning was not improper. It also concluded that the evidence, including the father's lack of meaningful contact with the child for more than six months, established abandonment under Rhode Island law.

Holdings

1. The father waived his challenge to the trial justice's alleged bias because he did not object to the questioning, move for a mistrial, or otherwise seek disqualification in the Family Court.
2. A trial justice may question witnesses to elicit the truth and clarify testimony, so long as the justice remains impartial; the mere fact that the trial justice questioned witnesses did not establish impropriety or bias.
3. The evidence supported the Family Court's finding of abandonment, and the trial justice properly terminated the father's parental rights.

Questions Presented

1. Whether the father's challenge to the trial justice's questioning and alleged bias was preserved for appellate review.
2. Whether the trial justice's questioning of witnesses demonstrated judicial bias or was otherwise improper.
3. Whether the petitioners proved abandonment by clear and convincing evidence sufficient to support termination of the father's parental rights.

Disposition

affirmed