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Supreme Court No. 2009-271-Appeal. (07-1280-1) In re Julian D. :

Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. OPINION Justice Indeglia, for the Court. The respondent, Neftali Vallejo (respondent or

Vallejo), appeals from a Family Court decree terminating his parental rights to his son, Julian D. (Julian). This case came before the Supreme Court for oral argument on January 31, 2011, pursuant to an order directing both parties to appear and show cause why the issues raised by this appeal should not summarily be decided. After considering the parties' submitted memoranda and oral arguments, we are of the opinion that cause has not been shown and that the issues raised by this appeal may be decided at this time. For the reasons set forth below, we affirm the decree of the Family Court. I Facts and Travel On January 15, 2009, the Rhode Island Department of Children, Youth and Families (DCYF) filed a petition to involuntarily terminate Vallejo's parental rights to Julian. 1 Relevant to this appeal, 2 DCYF alleged two independent justifications for termination based on: (1)

The petition sought to terminate the parental rights of both of Julian's parents. However, Shantel Diogo, Julian's biological mother, consented to voluntary termination and an openadoption agreement on February 12, 2009. Accordingly, she is not a party to the instant appeal. 2 The DCYF petition of January 15, 2009, also alleged that termination was justified because there existed parental "behavior or conduct * * * seriously detrimental to the child of such a duration as to render it improbable for the parents to care for the child for an extended period of time." See G.L. 1956

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Rhode Island Law