In re Adele B.

Syllabus

The respondent appealed from a decree terminating her parental rights to her daughter, Adele B., who was born on March 28, 2013. On appeal, the respondent argued that the Family Court justice erred by failing to recuse herself from the trial after she ordered the filing of the petition to terminate the respondent's parental rights at issue in the case. The respondent also argued that the Family Court justice erred in finding, by clear and convincing evidence, that the respondent was an unfit parent and erred by concluding that there was clear and convincing evidence that it was in Adele's best interests for the respondent's parental rights to be terminated. The Supreme Court affirmed the Family Court justice's denial of the respondent's motion to recuse, holding that, based on the case's extensive record, the Family Court justice's order that DCYF file a TPR petition in the circumstances of the case did not jeopardize her ability to render a fair decision. The Supreme Court next affirmed the Family Court justice's finding, by clear and convincing evidence, that respondent is an unfit parent. The Supreme Court agreed with the Family Court justice's findings that the respondent's ongoing relationship Adele's father, who the respondent's case plans strictly prohibited contact with because of his history of domestic violence, made her an unfit parent to Adele. Finally, the Supreme Court affirmed the Family Court justice's finding, by clear and convincing evidence, that it was in the best interests of Adele for the respondent's parental rights to be terminated. The Supreme Court determined that there was legally competent evidence to support the Family Court justice's findings and that respondent has never demonstrated that she is capable of caring for Adele on her own and has never legally been permitted to do so. Accordingly, the Supreme Court affirmed the decree of the Family Court terminating the respondent's parental rights with respect to Adele.