In re Douglas F.

Summary

The Rhode Island Supreme Court affirmed a Family Court judgment terminating Douglas Fagundes Jr.'s parental rights to his son based on substance abuse, inadequate housing, and failure to complete reunification case plans. The court held that termination was in the child's best interests because the child needed a permanent and stable home, and the parent's love and bond with the child were insufficient to overcome that need. The court also declined to review the father's claim of judicial bias because it was not preserved at trial.

Holdings

1. The bias claim was not preserved because the father failed to raise it in the Family Court or request that the trial justice recuse himself; therefore, the issue was not properly before the Supreme Court.
2. Termination was in the child's best interests because the child's right to a safe, nurturing, permanent, and stable home was not overcome by the father's love, bond with the child, or attempts at rehabilitation, particularly where he lacked suitable housing, had not completed substance-abuse treatment, and had not assumed full parental responsibility.
3. Findings supporting termination are entitled to great weight and will not be disturbed unless the trial justice overlooked or misconceived material evidence or was otherwise clearly wrong.

Questions Presented

1. Whether termination of the father's parental rights was in the child's best interests despite the father's asserted bond with the child and claimed efforts at rehabilitation.
2. Whether the father's claim that the trial justice was biased could be reviewed when the issue was not raised at trial and no recusal request was made.

Disposition

affirmed