Title: Rhode Island: Supreme Court Affirms Fathers Rights Remain Terminated. BY: Korinne T.

Link for Opinion: http://caselaw.findlaw.com/ri-supreme-court/1588123.html

The Rhode Island Supreme Court held In Re: Jazlyn P., No. 2010-387-Appeal., December 09,2011 – RI Supreme Court that the father of a minor child would not be entitled to parental rights, despite there was insufficient evidence in the record of cruel and abusive conduct.

The maternal father of a minor child appeals from a Family Court decree terminating his parental rights with respect to his daughter. The child’s father argued certain exhibits during the trial were improperly admitted into evidence and that the trial court erred in terminating his parental rights.

A trial on the petition to terminate Mr. Patino’s parental rights was held in Family Court in September and October 2010. The Rhode Island Department for Children, Youth, and Families (DCYF) alleged that both parents had “committed, or allowed to be committed, conduct toward any child of a cruel or abusive nature.”

The minor child’s half brother, Marco, had been admitted to the Hasbro Children’s hospital for injuries and died in the evening hours of his admission to the hospital. Doctor’s manifested a concern for minor child, Jazlyn, and requested that she be admitted that same day “for medical evaluation of possible child maltreatment and safety.” It was discovered that Jazlyn had sustained posterior rib fractures that were in the process of healing.

Testimonies of both Marco’s injuries and Jazlyn’s injuries were admitted as full exhibits label exhibit 1and exhibit 2 over father’s objection. Dr. Baron testified about Jazlyn’s fractures and went on to testify about how Jazlyn’s maternal mother and grandmother had reported to her that the Marco had been injured by Jazlyn’s father, Michael Patino.

The transcript of the interview which had taken place with Detective Cardone was also listed as a full exhibit revealing that the day before the boy was admitted to the hospital the two of them had been wrestling on the bed when they both fell off and Mr. Patino had fallen on top of the boy. Mr. Patino also acknowledged he had “accidently’ punched Marco through a text message he had sent to the boy’s mother.

When Mr. Patino was called to the stand he exercised his Fifth Amendment privilege. The trial justice then delivered his bench decision and the decree terminating Mr. Patino’s parental rights was entered.

The Rhode Island Supreme Court reviewed all of the evidence that was presented by DCYF showing the Jazlyn suffered abuse in the household in the presence of Mr. Patino. Mr. Patino did not produce any evidence or witnesses to prove that he would not endanger Jazlyn. Which in turn the Supreme Court affirmed the decree of the Family Court terminating his parental rights.

Labels: Terminate, Parental Rights, Cruel and Abusive Conduct, DCYU, Temporary Custody