The State of Rhode Island has enacted administrative and legal methods for intervening in a parent’s parental and custodial rights if a child is being neglected or abused. Generally, the state Department of Children, Youth, and Families (DCYF) will be notified about the suspicion of child abuse or neglect, and then begin an investigation. If the DCYF investigators confirm that it appears abuse or neglect is occurring, the agency can petition a Family Court to intervene and place the child in a safe custodial environment while the DCYF and the parents attempt to resolve the allegedly abusive or neglectful environment. If the parents fail to meet the expectations of the DCYF caseworkers, the agency may seek to permanently terminate the parent’s parental rights to place the children in the permanent custody of another person who the state sees as fitter to care for the child. The Rhode Island Supreme Court recently affirmed a Family Court’s decision to permanently terminate the parental rights of a man who was found unfit to parent his child.
The appellant in the recently decided appeal is the natural father of a nine-year-old boy who has been the subject of a DCYF investigation that was opened in 2018 as a result of the appellant reporting the child’s mother for neglect. As part of their investigation, the DCYF convinced the family court to temporarily place the child in the custody of his maternal grandmother. In late 2018, the DCYF created a case plan for the father to participate in to demonstrate his ability to properly care for the child as his primary custodian. The DCYF requested that the father attend substance abuse and mental health treatment, and participate in supervised visits through a parenting program. Although the father did attend some treatment appointments and scheduled visits, he ultimately abandoned the case plan.
In January 2020, the DCYF filed a petition to terminate the father’s parental rights and have the child permanently placed in the care of his grandmother. After a six day trial, the Family Court granted the DCYF petition, finding that the father was not fit to care for his son and that it was in the child’s best interests to be permanently placed in the custody of his maternal grandmother. The father appealed the Family court ruling, arguing that he was justified in abandoning the DCYF case plan, and that he was a fit father. The Supreme Court found that the findings of the lower court were valid, ruling that the father’s objections, while valid, were not sufficient to overcome the judgment of the family court. As a result of the appellate opinion, the father’s parental rights are permanently terminated.