In re Domenic B.

Supreme Court No. 2019-360-Appeal (N 18-5118) · Supreme Court of Rhode Island · October 27, 2021 · No. 2019-360-Appeal (N 18-5118)

Summary

The Rhode Island Supreme Court affirmed a Family Court decree terminating Taressa B.'s parental rights to her son, Domenic B. The Court held that clear and convincing evidence supported findings of parental unfitness based on her failure to comply with reunification case plans and her refusal to prevent contact between Domenic and a known sex offender. The Court also determined that termination was in Domenic's best interests, while criticizing the Department of Children, Youth and Families for failing to protect Taressa when she was a minor.

Holdings

  1. The Family Court properly found respondent unfit to parent Domenic by clear and convincing evidence because she failed to fully engage in required services, refused counseling and alternate housing, continued living with a known sex offender, and lacked the ability to protect Domenic.
  2. The Family Court's finding that DCYF made reasonable efforts to reunify respondent with Domenic was supported by the record.
  3. Termination of respondent's parental rights was in Domenic's best interests.
  4. The Supreme Court would not disturb the Family Court's factual findings because they were supported by legally competent evidence and were not clearly wrong.

Questions Presented

  1. Whether the Family Court properly found respondent unfit to parent based on her failure to comply with reunification case plans and her lack of protective capacity.
  2. Whether DCYF made reasonable efforts to reunify respondent with Domenic.
  3. Whether termination of respondent's parental rights was in Domenic's best interests.
  4. Whether the Family Court erred in relying on DCYF's designation of Annotti as a safety risk and in removing Domenic without exigent circumstances.
  5. Whether the Family Court inadequately considered the evidence by rendering its decision too quickly.

Disposition

affirmed

Cases Cited (6)

  • In re Elana W., 249 A.3d 287, 292 (R.I. 2021)(followed)
  • In re Violet G., 212 A.3d 160, 166 (R.I. 2019)(followed)
  • In re Manuel P., 252 A.3d 1211, 1218-19 (R.I. 2021)(followed)
  • In re Rylee A., 233 A.3d 1040, 1049 (R.I. 2020)(followed)
  • In re James H., 181 A.3d 19, 27 (R.I. 2018)(followed)
  • In re Alexis L., 972 A.2d 159, 170 (R.I. 2009)(followed)

Cited In (0)

No citing cases on record yet.

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