Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re D.K.

Intermediate Court of Appeals of Hawaii

July 22, 2013

IN THE INTEREST OF D.K.

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-S NO. 11-00117).

Tae Chin Kim for Father/Cross-Appellant.

Randal I. Shintani for Mother-Appellant.

Mary Anne Magnier Jonathan M. Fujiyama Deputy Attorneys General for Petitioner-Appellee.

Foley, Presiding Judge, Fujise and Leonard, JJ.

SUMMARY DISPOSITION ORDER

Appellant Mother (Mother) and Cross-Appellant Father (Father) appeal from the Order Terminating Parental Rights, filed on October 18, 2012 in the Family Court of the First Circuit (Family Court)[1]

On appeal, Mother challenges Findings of Fact 29, 47, 50, 51, 52, 57, 62, 63, 65, 66, 67, 70, 72, 77, and 78 and Conclusions of Law 3, 4, 5, and 6. Mother points to conflicting testimony of several witnesses but provides no specific argument as to why each challenged Finding of Fact is clearly erroneous and/or each Conclusion of Law is wrong. Instead, Mother contends that there was no clear and convincing evidence that Mother was not presently willing and able to provide her child, D.K., with a safe family home and that it was not reasonably foreseeable that Mother would become willing and able to provide D.K. with a safe family home within a reasonable period of time.

On cross-appeal, Father challenges Findings of Fact 22, 29, 31, 98, 99, 101, 102, 103, 112, 113, 115, 116, 120, and 122, and Conclusions of Law 1, 2, and 3. Father does not provide any specific argument as to why each challenged Finding of Fact is clearly erroneous and/or each Conclusion of Law is wrong. Instead, Father contends that (1) Petitioner-Appellee State of Hawaii, Department of Human Services (DHS), failed to provide Father with a reasonable opportunity to reunify with D.K. by filing a motion to terminate his parental rights less than seven months after D.K.'s entry into foster custody, (2) the Family Court erred by allowing Dr. Brenda Wong (Dr. Wong) to testify about the risk of potential exposure to abuse and neglect upon D.K., and (3) the Family Court erred by finding that Father was not presently willing and able to provide D.K. with a safe family home and that it was not reasonably foreseeable that Father would become willing and able to provide D.K. with a safe family home within a reasonable period of time.

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Mother's and Father's points of error as follows:

(1) Contrary to Mother's claim, there was clear and convincing evidence that Mother was not presently willing and able to provide D.K. with a safe family home, even with the assistance of a service plan and that it was not reasonably foreseeable that Mother would become willing and able to provide D.K. with a safe family home within a reasonable period of time.

Mother's therapist, Dr. Armsby, stated that when he last saw Mother, she had made minimal progress in her individual therapy, her prognosis was poor, and she was not motivated, and she did not have a grasp on her mental health issues. Dr. Armsby also stated that if Mother resumed using "Ice" then it would affect her parenting ability.

Dr. Wong is a clinical psychologist that conducted a psychological evaluation of Mother. She testified that Mother presented contradictory information, minimized her actions, and used substances as a coping mechanism. Dr. Wong stated that there were concerns about an abusive relationship with Father, Mother did not feel that she needed to learn new skills, which is contrary to her history of inability and neglect of her children's needs, Mother felt that there was little impact of domestic violence on the children, which showed a lack of good perception of a child's emotional health needs, her prognosis would be poor unless Mother changed her poor insight or minimization, and Mother's motivation to be open was missing, which would be a requirement before any progress could be made.

Mother admitted that she used methamphetamine in August 2012, she did not finish the Queen's Medical Center Dual Diagnosis substance abuse treatment program, she missed visiting D.K. the entire month of September because her friend was giving birth and there were things that she had to do at the shelter, she did not believe she has a substance abuse problem, she did not believe she ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.