In re Adoption of Paisley

January 30, 2018 by Justia

At issue was the application of the consent to adoption statute, Me. Rev. Stat. 18-A, 9-302, to contested adoption proceedings heard in the district court following a district court judgment terminating parental rights concerning the child.The Supreme Judicial Court affirmed the judgment of the trial court finding that Foster Parents had met their burden to prove by a preponderance of the evidence that the Department of Health and Human Services had acted unreasonably in withholding its consent to their adoption of Child. Because Child’s parents’ rights had been terminated and because the Department had legal custody of Child, section 9-302(a)(3) required that the Department’s written consent had to be obtained before any adoption could be granted. After a hearing, the district court found that the Department unreasonably withheld its consent to Foster Parents’ adoption petition. The Supreme Judicial Court affirmed, holding that the evidence in the record supported the trial court’s findings and discretionary determinations. View "In re Adoption of Paisley" on Justia Law