In re Manuel P. et al.

Summary

The Rhode Island Supreme Court reviewed cross-appeals concerning the termination of Paulette Milner's parental rights. The court affirmed the Family Court's denial of termination as to Manuel and Stephen because DCYF had not proven that it made reasonable reunification efforts, and affirmed termination as to Anne Marie because the court was evenly divided on that appeal.

Holdings

1. The Family Court correctly found that DCYF failed to prove by clear and convincing evidence that it made reasonable efforts to reunite Milner with Manuel and Stephen. Milner's noncompliance and limited mental capabilities did not eliminate DCYF's obligation to provide appropriate services.
2. The judgment terminating Milner's parental rights to Anne Marie was affirmed because the Supreme Court was evenly divided on Milner's appeal.
3. The Supreme Court reviews the record for legally competent evidence supporting the Family Court's findings and will not disturb a parental-unfitness finding unless it is clearly wrong or the trial justice misconceived or overlooked material evidence.

Questions Presented

1. Whether DCYF proved by clear and convincing evidence that it made reasonable efforts to reunite Milner with Manuel and Stephen before seeking termination of her parental rights.
2. Whether the Family Court erred in finding that DCYF made reasonable efforts to reunite Milner with Anne Marie before terminating Milner's parental rights to Anne Marie.
3. What standard governs appellate review of Family Court findings in termination-of-parental-rights proceedings.

Disposition

affirmed