In re Donnell R-H, Jr.

Summary

The Rhode Island Supreme Court affirmed a Family Court decree terminating the respondent mother’s parental rights to her son under G.L. 1956 § 15-7-7(a)(3). The Court held that clear and convincing evidence supported findings that the child had been in DCYF custody for more than twelve months, reunification was not substantially probable within a reasonable time, and termination was in the child’s best interests. The Court did not reach the separate substance-use ground because the § 15-7-7(a)(3) ground independently supported termination.

Holdings

1. The Family Court properly found the respondent mother unfit under R.I. Gen. Laws § 15-7-7(a)(3), because Donnell had been in DCYF custody and care for at least twelve months, the mother had been offered or received services, and there was not a substantial probability that Donnell could safely return to her care within a reasonable period considering his age and need for permanency.
2. The Family Court properly found that termination of the respondent mother's parental rights was in Donnell's best interests.
3. Because the Supreme Court affirmed the finding of unfitness under § 15-7-7(a)(3), it did not need to address whether the mother's chronic substance-use disorder independently supported termination under § 15-7-7(a)(2)(iii).

Questions Presented

1. Whether the Family Court clearly erred in finding the respondent mother unfit under R.I. Gen. Laws § 15-7-7(a)(3) because Donnell had been in DCYF custody for at least twelve months, services had been offered or received, and there was no substantial probability of safe reunification within a reasonable period.
2. Whether the Family Court clearly erred in finding that termination of the mother's parental rights was in Donnell's best interests.
3. Whether the Supreme Court needed to reach the alternative chronic-substance-abuse ground under R.I. Gen. Laws § 15-7-7(a)(2)(iii) after affirming termination under subsection (a)(3).

Disposition

affirmed