In re Alonza D.
| Citation | 412 Md. 442,987 A.2d 536 |
| Decision Date | 19 January 2010 |
| Docket Number | No. 41 September Term, 2009.,41 September Term, 2009. |
| Parties | In re ADOPTION/GUARDIANSHIP OF ALONZA D., JR. and Shaydon S. |
| Court | Court of Special Appeals of Maryland |
Marc A. DeSimone, Jr., Asst. Public Defender (Elizabeth L. Julian, Acting Public Defender, on brief), Baltimore, MD, for Petitioners.
Leslie K. Ridgway, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, on brief), Baltimore, MD; Janet Hartge (Legal Aid Bureau, Inc.), Baltimore, MD (as amicus) (Harriet G. McCullough, Lazarus & Burt, P.A., on brief), Baltimore, MD, for Respondents.
Brief of the amicus curiae, Legal Aid Bureau for Respondents: Janet Hartge, Esquire, Joan F. Little, Esquire, Legal Aid Bureau, Inc., Baltimore, MD.
ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.
BATTAGLIA, Judge.
In the present case, involving termination of parental rights, we are called upon to address one question on certiorari, that being:
Where petitioner's sons were involuntary taken from his custody and, over his objections, were kept in the custody of a third party for six years, was it error for the lower court to find that this period of separation between father and sons, and the commensurate bonding between the children and the foster mother, was an exceptional circumstance sufficient to overcome the presumption that it is in the best interests of the children to preserve petitioner's inherent rights
as a natural parent to the care, custody, and control of his sons?
In re Adoption/Guardianship of Alonza D. Jr. and Shaydon S., 408 Md. 487, 970 A.2d 892 (2009). We conclude that the Circuit Court erred by failing to make explicit findings that a continued parental relationship would be detrimental to the best interests of the children, when concluding that "exceptional circumstances" existed under the standard established in In re Adoption/Guardianship of Rashawn H., to warrant terminating the Petitioner's parental rights.
Petitioner, Alonza D., Sr. ("Mr. D.") was twenty-one years old, and his girlfriend, Lacole S. ("Ms. S.") was eighteen years old when Alonza D., Jr. ("Alonza") was born on March 13, 2000. The couple had a second child, Shaydon S. ("Shaydon")1 on July 14, 2001. Alonza lived with his biological parents for the first sixteen months of his life, and Shaydon lived with them for approximately two months, before Mr. D. and Ms. S. separated in 2001. Ms. S. moved with Alonza and Shaydon to live with her two brothers, while Mr. D. moved in with his father and stepmother. Apparently, Mr. D. did not provide support for Alonza and Shaydon after the separation.
The Baltimore City Department of Social Services became involved with the children shortly after the couple separated, having received a report that the children were neglected and living in squalor. Although the Department considered placing Alonza2 with Mr. D., a "Home Health Report" conducted by the Department indicated that the home in which Mr. D. resided was in need of a lead abatement, which did not occur. Thereafter, in early 2002, both children were placed in foster care with Cecilia B. ("Ms. B.").3 The children were adjudicated children in need of assistance (CINA)4 on May 6, 2002, based upon reports that Ms. S. was living in deplorable conditions, was a suspected drug user, and permitted strangers to frequent the home.
A permanency plan,5 established January 10, 2003, called primarily for reunification
of the children with Ms. S. Mr. D. was referred by the Department in 2003 to a parenting program; the referral described Mr. D. as a "committed father with positive relationship with son—good work history—needs GED & improved parenting skills." Mr. D. did not complete the parenting classes, contending that they conflicted with his job and that class topics dealing with sexual and physical abuse were not applicable to him.
The plan also provided for Mr. D. to have visitation, which he exercised on a regular basis until 2007, when his parental rights were terminated. Sometime in late 2003, the permanency plan changed from reunification to placement with a nonrelative.
On March 17, 2004, the Department filed Petitions for Guardianship with the Right to Consent to Adoption, seeking termination of Ms. S's and Mr. D's parental rights. At the time, Alonza was four years old, Shaydon was two years and eight months old, and both had lived with Ms. B. for over two years.
The termination of parental rights (TPR) hearing was continued eight times between September 2004 and November 2006, due to the court's schedule, attorneys' schedules, or because one or both parents did not appear. During that period, in February 2006, Mr. D. moved from his father and stepmother's house to live with his girlfriend and her four children. Mr. D. also received another referral in July 2006 from the Department to attend parenting classes, which he did not complete.
On November 2, 2006, the Circuit Court for Baltimore City conducted a hearing regarding the termination of Ms. S's6 and Mr. D's parental rights; neither Ms. S. nor Mr. D. attended. After hearing argument from both parents' counsel, as well as testimony from Department case worker, Angela Taylor, the trial judge issued an opinion from the bench, upon which the later decision with which we are concerned rests. The Circuit Court Judge made the following findings regarding Alonza's and Shaydon's safety and welfare:
In terms of the factors, the primary consideration is the safety and health of the children. In this case the testimony of Ms. Taylor is really undisputed that they really are being taken care of in a safe fashion. They are healthy. They are currently living with Ms. [B.], who is the care taker and adoptive recourse. She has had them since, at least she has had one of the children since January 2002, the other since March of 2002. So they have lived a large chunk, a huge chunk of their lives with Ms. [B.] as the care taker for them.
The trial judge also considered the Department's efforts at reunification of the children with the father:
B]oth parents had regular visitation, there is no question that the Department both offered the visitation on a frequent basis and that the parents were generally compliant with the scheduling and did interact with the kids, I will get to the nuances of that in a second. But in terms of visitation that was complied with. Dad was also referred to parenting classes in 2003 and then again later in 2006. And the Court does take notice
[987 A.2d 539
that it does appear to a certain extent reading between the lines, but maybe not even, maybe the lines themselves are indicating themselves that most recently regarding the Father was really looking at possible reunification. I don't think [the Department was] closing the door on that as of this past summer when they referred Mr. [D.] for parenting classes. Which is an indication to the Court that the Department in this case was probably bending over backwards to try and achieve reunification, one might argue, that they may have even done it beyond the point where it would have been feasible because of the length of time the children have been in Ms. [B.]'s home. But be that as it may for purposes of the [Section 5-313](c) factors it does appear that with Father they were in fact working very hard to see if they could achieve reunification. Probably some of that was due to the interaction that the worker had seen between the father and the children at the visitation.
The judge also characterized Mr. D's relationship with Alonza and Shaydon as "close":
It does sound like it was a close relationship. I think Ms. Taylor in response to some of the questioning by Father's counsel did not exactly indicate that it was a parent child relationship, however, did indicate that it was both appropriate in the sense of Father was clearly having fun with the kids and they were in a positive relationship. That is not quite the same as being a good parent, but it doesn't hurt. And I think that what Ms. Taylor was trying to get to when referring him in 2006, its pretty clear to the Court, was she was seeing I can see that you have this relationship with the children, show me you can parent, and maybe we have a shot at this. And he didn't follow through. Whatever reason he had it seems to the Court that that was an opening that was given by the Department to allow him to maybe try to prove that he could actually pull this off, and unfortunately for him it wasn't successful.
* * * As far as the children's feelings toward ties with the parents, there was a distinction in the Court's mind between the father and the mother that does appear to have been much more of a warmer relationship not that the mother didn't love the children, but more of a loving relationship appeared between the father and the children, then necessarily the mother. There seemed to be some anger between Mom and the kids.
* * * The Father is a different story. It does appear as if he was trying his best, I just don't think he quite made it.
The judge then made the following findings regarding Alonza's and Shaydon's relationship with Ms. B.:
In terms of the children's adjustment to home, school, and community, they are in a loving relationship with Ms. [B.], they are bonded to her, they call her mommy, they feel safe, they are both in school, they are in private school, they are making their education, they go to church, this is a family. And they are living with Ms. [B.] as a family, as her two sons, and that seems to be quite evident.
The court next considered Mr. D's contact with the children:
As far as the efforts made by the parents to adjust their circumstances, their conduct, to make it in the best interest to return the children to the home, the first factor is whether the parents have maintained regular contact under the plan to reunite. There has been in fact
regular...
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