John, In re

• Decision Date: 19 March 1992
• Docket Number: No. 91-445-A,91-445-A
• Citation: 605 A.2d 486
• Parties: In re Richard JOHN. ppeal.
• Court: Rhode Island Supreme Court

Page 486

605 A.2d 486

In re Richard JOHN.

No. 91-445-Appeal.

Supreme Court of Rhode Island.

March 19, 1992.

Frank J. Pannozzi, Asst. Public Defender and Anthony Caprio, Caprio & Caprio, Providence, for plaintiff.

A. Gregory Frazier, Cranston, for petitioner.

Catherine Gibran, Asst. Public Defender, for respondent.

OPINION

SHEA, Justice.

This matter comes before the Supreme Court on a certified question from the Family Court. That question states, "May an individual who is not a licensed or governmental child placement agency bring a petition to terminate a parent's parental rights under R.I.G.L. section 15-7-7 without there being a pending adoption petition?" We answer this question in the negative.

On October 9, 1990, Heather Villella (Heather) filed a petition to terminate the parental rights of her former husband, Richard Villella, Sr. (Richard), in their minor child, Richard Villella, Jr. (Richard Jr.). The petition alleges that Richard has failed to support Richard, Jr., since 1987, when the couple divorced, and has not maintained contact with him since August 1989. In the divorce judgment the mother was granted sole custody of the child and the father was denied visitation privileges. As grounds for termination Heather argues that the father has willfully neglected to provide proper care and maintenance for the child under G.L.1956 (1988 Reenactment) § 15-7-7(1)(a) and that he has abandoned or deserted the child under § 15-7-7(1)(d). At the present time no petition to adopt Richard, Jr., has been filed by any party to this action or by anyone else.

Section 15-7-7 provides in pertinent part:

"Termination of parental rights.--(1) The court shall, upon a petition duly filed after notice to the parent and hearing thereon, terminate any and all legal rights of the parent to the child, including the right to notice of any subsequent adoption proceedings involving the child if the court finds as a fact that:

(a) The parent has willfully neglected to provide proper care and maintenance for the child.

(d) * * * The parent has abandoned or deserted the child."

Heather argues that the present statutory scheme concerning adoption of children, of which § 15-7-7 is a part, authorizes an individual, not connected to a state agency, to petition the court for termination of parental rights under § 15-7-7. Heather asserts that although the statute does not specifically establish a private right to petition for termination of parental rights, a private right to petition is established by the legislative history of the act and by the entire statutory scheme.

We begin our discussion of the law applicable to this case by noting that a natural parent's "desire for and right to 'the companionship, care, custody, and management of his or her children' " is a fundamental right. Santosky v. Kramer, 455 U.S. 745, 758-59, 102 S.Ct. 1388, 1397, 71 L.Ed.2d 599, 610 (1982) (quoting Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2160, 68 L.Ed.2d 640, 649 (1981)). The relationship between a natural parent and a child is significant and should be preserved. If the relationship cannot be preserved and parental rights are terminated, the parent has no legal right to see the child or even to have knowledge of his or her whereabouts. Thus, the right of a natural parent to his or her child is forfeited only in extreme circumstances. In re LaPorte, 103 R.I. 232, 235, 236 A.2d 264, 266 (1967).

When extreme circumstances occur, as when a parent is unfit or unable to care for a child, the child often comes into the care of the Department of Children, Youth, and Families (DCYF) or other state licensed agency. Section 15-7-7 provides a means for the state to terminate the parental rights of unfit parents or parents that are unable to care for their children. The state needs a method to terminate the parental rights of unfit or unable parents so the children will no longer have legal guardians and thus be eligible for adoption. Termination of parental rights in these instances achieves the purpose of § 15-7-7, which is to allow the state to make the children available for adoption. ¹ Adoption is a desirable goal for the child because, hopefully, it will provide a stable and permanent parent or parents for the child.

When interpreting a statute in derogation of common law, the statute must be strictly construed. Town of North Kingstown v. North Kingstown Teachers Association, 110 R.I. 698, 703, n. 5, 297 A.2d 342, 344 n. 5 (1972). This rule of construction is helpful to us in the present case because the statute in question terminates the natural parent's common law right to associate with his or her own child. It is well established in Rhode Island that custody of a child by the natural parents is a legally protected interest both at common law and by statute. Bedard v. Notre Dame Hospital, 89 R.I. 195, 198, 151 A.2d 690, 692 (1959). Strict construction of § 15-7-7(1) leads to the conclusion that because the statute does not plainly provide for a private cause of action, such a right cannot be inferred. If the Legislature intended to permit a private individual to file a petition to terminate parental rights under this statute, it would have clearly expressed this intent when it revised the statute in 1980. ²

The legislative history of the statute also indicates that a private right to file petitions under § 15-7-7 was not intended. Prior to 1980, petitions to terminate parental rights could only be brought by "any duly licensed child placement agency or governmental child placing agency." This statute was revised in 1980 by P.L.1980, ch. 364, § 2. The revision created what is now § 15-7-7, which states in pertinent part, "The court shall, upon a petition duly filed after notice to the parent and hearing thereon, terminate any and all legal...