In re Lisa Diane G.

537 A.2d 131 (1988)

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In re Lisa Diane G.

Rhode Island Supreme Court
537 A.2d 131 (1988)

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  • Written by Denise McGimsey, JD

Facts

A couple (plaintiffs) adopted Lisa Diane G. when she was eight years old. The Department of Children and Their Families (DCF) (defendant), which held legal custody of Lisa Diane prior to the adoption, never informed the adoptive parents that the Bradley Hospital, which treated emotionally disturbed patients, advised against any adoption of Lisa Diane because of behavioral issues. Alleging that DCF’s omission constituted fraud and misrepresentation, the adoptive parents filed suit to nullify the adoption and to recover expenses they had incurred in raising Lisa Diane. The Family Court dismissed the matter on the ground that the court lacked jurisdiction. The parents appealed.

Rule of Law

Issue

Holding and Reasoning (Kelleher, J.)

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Casebooks

Family Law

Key Terms

  • FraudA false representation of a material fact intended to deceive another so that the deceived person will act upon it to his or her detriment.
  • Clear and Convincing EvidenceAn intermediate standard of proof, heavier than “preponderance of the evidence” but lighter than “beyond a reasonable doubt.” The clear-and-convincing-evidence standard requires the party with the burden to prove that what they are arguing is considerably more likely to be true than false.
  • Exclusive JurisdictionA court’s power to hear and decide a class of legal actions to the exclusion of all other tribunals.

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