In re Dayvon G.

Summary

The Rhode Island Supreme Court affirmed a Family Court decree terminating Kamesha G.'s parental rights to Dayvon and Selena. The court held that clear and convincing evidence supported termination under the statutory ground requiring at least twelve months in DCYF custody without a substantial probability of safe reunification within a reasonable time. Because that ground was sufficient, the court did not address the alternative grounds of chronic substance abuse and abandonment.

Holdings

1. The Family Court properly terminated respondent's parental rights under R.I. Gen. Laws § 15-7-7(a)(3) because the children had been in DCYF custody for the required period, respondent had been offered services, and there was no substantial probability that they could safely return to her care within a reasonable period.
2. The Supreme Court did not need to address the chronic-substance-abuse and abandonment grounds because termination was properly affirmed on the twelve-month custody and lack-of-probability-of-safe-return ground.
3. The state must prove parental unfitness by clear and convincing evidence, and the Supreme Court gives great weight to Family Court factual findings, disturbing them only when clearly wrong or when material evidence was overlooked or misconceived.

Questions Presented

1. Whether the Family Court clearly erred in finding, by clear and convincing evidence, that the children had been in DCYF custody for at least twelve months, that services had been offered or received, and that there was no substantial probability of their safe return to respondent within a reasonable period under R.I. Gen. Laws § 15-7-7(a)(3).
2. Whether the Supreme Court needed to address the additional termination grounds of chronic substance abuse and abandonment after affirming termination on the twelve-month custody and lack-of-probability-of-return ground.

Disposition

affirmed