Preview:

NO. 23918 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I IN THE INTEREST OF JANE DOE, born on February 8, 2000, Minor APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-S NO. 00-06547) MEMORANDUM OPINION Burns, C.J., Watanabe and Foley, JJ.)

(By:

Mother-Appellant (Mother) appeals from the Order Awarding Permanent Custody entered on October 24, 2000, by District Family Judge Diana L. Warrington. This Order, inter

alia, awarded permanent custody of Mother's daughter, Jane Doe, to Appellee State of Hawai#i Department of Human Services (DHS), divested Mother of her parental and custodial duties and rights to Jane Doe, and ordered implementation of the Permanent Plan dated September 30, 2000. Mother contends that the record lacks clear and convincing evidence to support the family court's findings that (1) Mother was not willing and able to provide a safe family home for Jane Doe, even with the assistance of a service plan; (2) Mother would not become so within a reasonable period of time not exceeding two years from February 8, 2000; and (3) the

permanent plan recommending adoption is in Jane Doe's best interest. We affirm. BACKGROUND Mother is an admitted heroin addict with a dual diagnosis of a mental impairment. Mother used cocaine throughout

her pregnancy with Jane Doe, including on February 8, 2000, when Mother gave birth to Jane Doe. After testing positive for

cocaine at the time of birth, Mother voluntarily signed a foster custody agreement, and DHS placed Jane Doe in the foster home where she has remained.1 Mother admits that she has "a major drug problem." Specifically, Mother admits to using cocaine and heroin and supporting her drug habit by prostitution. She seeks medical

treatment for "many different medical problems," including mental illness. Jane Doe is Mother's fourth child. Mother's parental

rights to her first child were terminated because of Mother's inability to provide a safe home, domestic violence, and Mother's use of drugs. Mother's first child was placed under the legal Mother's

guardianship of the child's paternal grandmother.
1

The foster family expresses a desire to adopt Jane Doe in the event that reunification with Mother-Appellant (Mother) is not possible. According to the family court's Finding of Fact (FOF) no. 14, unchallenged by Mother, Jane Doe has "bonded to her foster family," and "[d]ue to Mother's lack of contact with [Jane Doe], [Jane Doe] is not bonded to Mother."

2

parental rights to her second child were terminated, and the second child was adopted. Although DHS has had no involvement

with Mother's third child, Mother's drug use led to placement of Mother's third child in the custody of the child's maternal grandmother (Maternal Grandmother).2 On March 15, 2000, DHS filed a petition for foster custody of Jane Doe. During the period of March and April, 2000,

Mother told a DHS social worker that she "wasn't ready to get sober" and that she would contact DHS within six months. At a

hearing on March 28, 2000, the court ordered the service plan dated March 5, 2000 into effect. no attempts to contact DHS. After this hearing, Mother made

Mother did not respond to DHS'

efforts to contact her to arrange visits with Jane Doe or to participate in the court-ordered services. On April 3, 2000, the family court appointed a Guardian Ad Litem (GAL) to protect Jane Doe's interests. In its April 13, 2000 Orders Concerning Child Protective Act (April 13, 2000 Orders), the court assumed jurisdiction pursuant to Hawaii Revised Statutes (HRS)

Download In re Jane Doe.pdf

Hawaii Law