In re Ryan S.
| Decision Date | 28 April 1999 |
| Docket Number | No. 98-402-Appeal.,98-402-Appeal. |
| Citation | 728 A.2d 454 |
| Parties | In re RYAN S. |
| Court | Rhode Island Supreme Court |
Frank P. Iacono, E. Greenwich, Thomas J. Corrigan, Jr., Providence, for Plaintiff.
Kelly Monteiro, Paula Rosin, Providence, for Defendant.
Before WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.
The respondent, Jean S. (mother), appeals from a Family Court decree terminating her parental rights to her son, Ryan, who was born on February 1, 1987.1 She claims that the trial justice erred in finding that the Department of Children, Youth, and Families (DCYF) made reasonable efforts to reunite her with her son, especially because DCYF allegedly failed to provide her with adequate visitation. Following a prebriefing conference, this Court directed the mother to show cause why we should not decide the issues raised in this appeal summarily. No such cause having been shown, we proceed to resolve her appeal at this time.
DCYF first became involved in this matter in June 1995, following allegations that the mother neglected her son and that she had been using drugs. During DCYF's initial assessment, the mother was less than cooperative, refusing to allow a DCYF caseworker into her home and yelling at her. Given this hostile behavior, the caseworker suspected that the mother may have had mental-health problems. At a later meeting at a DCYF office, the mother, in Ryan's presence, became so enraged with the caseworker and her supervisor that she threatened to kill the supervisor. Following this incident, DCYF obtained an ex-parte order and removed Ryan from the mother's home.
In October 1995, the Family Court committed Ryan to DCYF's care, custody, and control. Thereafter, DCYF prepared a case plan which recommended that the mother attend Kent County Mental Health for a psychiatric and psychological assessment and that she attend parenting classes. But when a caseworker attempted to review the case plan with the mother at a scheduled visit with Ryan, the mother again became angry and threatening, while expressing her unwillingness to cooperate with services at Kent County Mental Health. In November 1995, the Family Court suspended visitation because of the mother's vituperative behavior during visits with her son and because of her refusal to obtain the recommended treatment for her problems.
Although she eventually completed the recommended parenting classes and continued to cooperate in other ways with DCYF, the mother, during a scheduled visit with Ryan in March 1996, again became angry and verbally abusive towards the DCYF worker, forcing the worker to terminate the visit after engaging in a brief struggle with the mother. Following this incident, the Family Court suspended further visitation. Ultimately, the mother agreed to undergo a psychiatric evaluation at Kent County Mental Health, but then refused to follow the recommendations of the mental-health professionals who reviewed her case. At DCYF's request, Dr. Ira Gross (Dr. Gross), a psychologist, also performed a psychological evaluation on the mother in March 1996. Notwithstanding the fact that the mother was "marginally cooperative" with the evaluation, Dr. Gross diagnosed her as having a paranoid-personality disorder. He presented several recommendations that the mother would have to follow in order to reunify with her son. Specifically, he recommended that the mother agree voluntarily to be in treatment for more than a year, that she take medication to reduce symptoms that accompany her behavior, and that she abstain from alcohol and drugs.
Nevertheless, on December 24, 1996, DCYF filed a termination-of-parental-rights petition, alleging that (1) the mother was unfit by reason of emotional and mental illness, mental deficiency, or institutionalization, including imprisonment, of such duration to render it improbable for the mother to care for the child for an extended time; and (2) the child had been in DCYF custody or care for at least twelve months, and although DCYF offered the mother services to correct the situation that resulted in the child's DCYF placement, no substantial probability existed that the child would be able to return to the mother's care within a reasonable time, considering the child's age and need for a permanent home. See G.L.1956 § 15-7-7(a)(2)(i) and (a)(3).
Following his review of the testimony and documentary evidence introduced at trial, a Family Court justice found that the mother suffered from a paranoid-personality disorder that required medical treatment and medication. He also found that the mother had "repeatedly refused to accept the mental health services that were offered to her." He further stated that:
"[i]n that the mother absolutely repeatedly refused to accept the mental health services recommended by the health care professionals, she clearly and convincingly demonstrated her unwillingness to work toward reunification."
The trial justice concluded that DCYF had made reasonable efforts to provide the mother with the medical treatment and medication necessary to reunify her with her son. As a result, he granted the petition and...
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