In re N.B., 22-75 (April 15, 2024)

Syllabus

The petitioner, the Department of Children, Youth, and Families (DCYF), appealed an order of the Family Court finding it in contempt of an order to place a child, N.B., at St. Mary's Home for Children (St. Mary's). On appeal, DCYF submitted that the hearing justice committed a variety of errors. First, DCYF argued that the hearing justice abused his discretion by finding that it had not exercised reasonable efforts to place N.B., and thus it was an error to order the child's placement at St. Mary's because the evidence demonstrated that N.B. could not be placed at that facility and DCYF had made substantial efforts to place her there and at other appropriate facilities. Second, DCYF challenged the hearing justice's finding that it had failed to demonstrate that it was not possible to comply with the placement order as the department had put forth testimony and evidence of its efforts to place her in an appropriate level of care, and that no placement was available. And lastly, DCYF challenged the hearing justice's decision to impose a contempt sanction for the benefit of N.B. <br> <br>The Supreme Court vacated the order of the Family Court because DCYF cultivated reasonable efforts to place the child in an appropriate level of care, but no such placement was available either in-state or out of state due in part to a lack of availability and staffing shortages related to the ongoing COVID-19 pandemic, and based on the child's noncompliance with her insulin regimen. Accordingly, the Supreme Court vacated the order of the Family Court and held that the hearing justice abused his discretion in finding that DCYF failed to use reasonable efforts to place N.B. at St. Mary's. <br><br><br>