Opinion

In Re: Adoption/guardianship of Rashawn H.

  • 402 Md. 477
  • 937 A.2d 177
  • 2007 Md. LEXIS 732
Court
Court of Appeals of Maryland
Filed
Dec 11, 2007
Status
Published
On the bench
Cathell, Bell, Raker, Harrell, Battaglia, Greene, Wilner
Cited by
53 cases

explaining that “[t]he notions of ‘unfitness’ and ‘exceptional circumstances’ have a different connotation in TPR cases than they do in custody and visitation disputes, however. In a custody case, unfitness means an unfitness to have custody of the child, not an unfitness to remain the child’s parent; exceptional circumstances are those that would make parental custody detrimental to the best interest of the child.”

How later courts described this case

  • explaining that “[t]he notions of ‘unfitness’ and ‘exceptional circumstances’ have a different connotation in TPR cases than they do in custody and visitation disputes, however. In a custody case, unfitness means an unfitness to have custody of the child, not an unfitness to remain the child’s parent; exceptional circumstances are those that would make parental custody detrimental to the best interest of the child.”
  • holding that the presumption favoring parental rights "may be rebutted only by a showing that the parent is either unfit or that exceptional circumstances exist that would make the continued relationship detrimental to the child’s best interest.”
  • explaining that in terminating parental rights, the Constitution requires the .state to show "that the parent is ‘unfit’ or that 'exceptional circumstances’ exist” before considering best interests of the child
  • noting that the mother was unable to comply with the Department’s services to facilitate reunification “due to her disability and limitations”

Written by the judges who cited it.

The opinion

Concurring opinion by CATHELL, J. which BELL, C.J. joins.

I concur in the judgment. I write to make clear my position. As I read the majority’s opinion, it incorporates that *506 either a finding of unfitness or exceptional circumstances must be found after the statutory provisions are addressed in order for parental rights to be terminated under the statute. I have a strong belief that the Constitutions of the United States and Maryland are paramount to any statute that may be enacted. In my view, the fundamental constitutional right of parents to raise their children is to be addressed normally by an initial finding of either parental unfitness or extraordinary circumstances. Before a trial court addresses the statutory factors it should address the unfitness/extraordinary factors prior to considering elements in the statute. In simplified form, I believe that the majority has the cart before the horse, but, nonetheless, has arrived at the right destination, albeit in reverse. Chief Judge Bell joins in the concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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