Rhode Island Court Case: In re Devone S.

In re Devone S. 

No. 99-449-Appeal. 

SUPREME COURT OF RHODE ISLAND 

777 A.2d 1268 

May 30, 2001, Decided 

May 30, 2001, Opinion Filed 

Appeal from Family Court. (93-2868-01). Forte, J. 

Appeal denied and dismissed, judgment affirmed, and papers remanded to the Family Court. 

COUNSEL:
Thomas J. Corrigan, Jr./Martha K. Diamond, Frank P. Iacono, Jr., For Plaintiff.

Mark LaRoche, For Defendant. 

JUDGES:
Williams, C. J., Lederberg, Bourcier, Flanders, Goldberg, JJ., Concurring. 

PER CURIAM. 
This case came before the Supreme Court on April 3, 2001, pursuant to an order directing both parties to appear and show cause why the issue raised in this appeal should not be summarily decided. After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown. Therefore the case will be decided at this time.
The respondent-father, James Fisher (respondent), has appealed from a decree of the Family Court terminating his parental rights to his son, Devone, born November 26, 1993. n1 As the basis for his appeal, respondent argued that the trial justice erred in determining that he was unfit, pursuant to G.L. 1956 § 15-7-7(a)(2); and, that he had abandoned his child, pursuant to § 15-7-7(a)(4).

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n1 Although a number of the pleadings contained within the record refer to the child as "Devon," his birth certificate bears the name "Devone." For the purposes of this opinion, he shall be referred to as "Devone."

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The Department of Children, Youth and Families (DCYF) became actively involved in this case in April 1996 after it received a DCYF hotline call from Devone's maternal grandmother (grandmother) saying that Devone's mother, Kathy St. Jean (mother or St. Jean), had left baby Devone with her a few days earlier and had not returned or contacted her since then. n2 DCYF began to investigate the allegation of abandonment, and social caseworker Michaela Dolan (Dolan) was assigned to Devone's case.

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n2 It was also reported that St. Jean had similarly left Devone with an unidentified male a few weeks earlier.

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On April 26, 1996, Dolan attempted to make a home visit based on her suspicions that St. Jean was using drugs and leaving Devone with inappropriate caretakers. When Dolan arrived, her repeated knocks on the door went unanswered and she was forced to leave and return with the Pawtucket police. At this point, although not permitted inside the home, Dolan was greeted by St. Jean and respondent outside the premises. The respondent became angry and told Dolan that he did not want anything to do with DCYF and he did not want DCYF at the house. In response to a question posed by Dolan concerning drug treatment, respondent said that he had just been released from the Adult Correctional Institutions (ACI) and he did not intend to participate in any drug treatment or have any involvement with DCYF. On May 3, 1996, DCYF removed Devone from the home and placed him with his maternal grandmother. n3 This ex-parte petition was based upon allegations that St. Jean was using narcotics. Dolan testified that following the April 26, 1996 encounter, she had no contact with respondent through July 1997, a period of fifteen months.

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n3 Additionally, the grandmother is the legal guardian of St. Jean's daughter, Brittany, and she has raised her since birth.

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