In re Malachii O.

In March 2012, the Department of Children, Youth, and Families (DCYF) received a tip of an alleged incident of domestic violence that occurred in Massachusetts between respondent John S. and Malachii’s mother, which also involved Malachii. DCYF was informed that respondent attempted to quell his ten-month-old child’s crying by pinching, slapping, and throwing the child against a wall, which the mother claimed rendered the child unconscious. A petition for dependency and abuse was filed ex parte against both parents in Rhode Island, where Malachii resided, and respondent was charged in Massachusetts with felony crimes arising from the alleged assault. A no-contact order was issued prohibiting respondent from having any contact with Malachii. Respondent was convicted in Massachusetts by jury of reckless endangerment of a child and assault and battery with a dangerous weapon. He was sentenced to serve three to five years in prison, followed by a two-and-one-half-year probationary term. A second no-contact order was issued in Massachusetts after respondent’s conviction. Shortly thereafter, DCYF filed a petition to terminate the parental rights of respondent and Malachii’s mother. This case came before the Supreme Court on appeal of respondent when his parental rights were indeed terminated. Finding no error in the Family Court’s judgment terminating parental rights, the Supreme Court affirmed. View "In re Malachii O." on Justia Law