Justia Maine Supreme Court Opinion Summaries

The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights to his child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(iv), holding that Father received sufficient notice of the termination hearing and that the court did not err by admitting the testimony of a Department of Health and Human Services supervisor.Father failed to appear but was fully represented by counsel at both the jeopardy hearing and the termination hearing. The court ultimately found that Father was unfit and that termination was in the best interest of the child. The Supreme Judicial Court affirmed, holding (1) Father’s notice of the termination hearing through service by publication was legally sufficient; and (2) the district court did not commit obvious error in failing to exclude from evidence, sua sponte, the testimony of the Department supervisor. View "In re Child of Kaysean M." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her youngest child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (1)(B)(2)(a), (b)(i)-(iv), holding that the court did not deny Mother due process, did not err when it found Mother unfit, and did not abuse its discretion when it determine that terminating her parental rights was in the best interest of the child.On appeal, Mother contended, among other things, that she was denied due process when the district court conducted an evidentiary hearing in her absence on the petition to terminate her parental rights. The Supreme Judicial Court disagreed, holding (1) under the circumstances of this case, the district did not deprive Mother of due process where Mother was voluntarily absent without good cause during the evidentiary hearing not he termination petition; and (2) the court did not err in finding that Mother was unfit or abuse its discretion in concluding that termination of Mother’s parental rights was in the best interests of the child. View "In re Child of Tanya C." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father to their child pursuant to me. Rev. Stat. 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(iv), holding that the district court did not abuse its discretion.Specifically, the Court held (1) the district court did not err in its parental unfitness finding as to Father; (2) the district court did not deny Father due process of law when it based its findings of unfitness, in part, on Father’s unprescribed use of prescription drugs as stimulants; and (3) the district court did not err in determining that termination of Mother’s parental rights, with a permanency plan of adoption, was in the best interest of the child. View "In re Child of Troy C." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s and Father’s parental rights to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv), holding that the district court did not abuse its discretion.Specifically, the Court held (1) the district court did not abuse its discretion by denying Mother’s motion to continue the termination hearing and appoint a guardian ad litem; and (2) the evidence was sufficient to support the district court’s determinations that Father was an unfit parent within the meaning of the child protection statutes and that termination was in the child’s best interest. View "In re Child of Mercedes D." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Appellant’s parental rights to his son, holding that the court did not err or abuse its discretion in finding that the factors supported termination and that termination of Father’s parental rights was in the child’s best interest.Specifically, the Supreme Judicial Court held that the court did not err or abuse its discretion in finding (1) Father was unwilling or unable to protect the child from jeopardy and that those circumstances were unlikely to change within a time reasonably calculated to meet the child’s needs under Me. Rev. Stat. 22, 4055(1)(B)(2)(a), (b)(i); and (2) termination of Father’s parental rights was in the child’s best interest. View "In re Child of Matthew R." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s and Father’s parental rights to their two older children pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), holding that the evidence was sufficient to support the determination of parental unfitness and that the court did not err by concluding that termination of the parents’ parental rights was in the best interests of the children.Specifically, the Court held (1) competent evidence in the record existed to support both of the two types of parental unfitness found by the district court; and (2) the court’s findings, based on clear and convincing evidence in the record, were sufficient to support its determination that the termination of each parent’s parental rights was in the best interests of the children. View "In re Children of Anthony M." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights to his child, holding that the record supported the court’s finding of parental unfitness.Specifically, the Court held (1) the district court did not err in finding that, despite Father’s efforts, Father remained unable to protect the child from jeopardy or to take responsibility for the child within a time reasonably calculated to meet the child’s needs; and (2) the district court did not abuse its discretion in determining that termination of Father’s parental rights was in the child’s best interests. View "In re Child of Charles V." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court finding that Mother’s minor child was in jeopardy pursuant to Me. Rev. Stat. 22, 4035, holding that there was competent evidence in the record to support the court’s determination that the child was in circumstances of jeopardy.Specifically, the Court held (1) there was competent evidence to support the court’s finding that the jeopardy Mother presented to the child was prospective and not just historical; and (2) there was evidence that poor management of the child’s diabetes had bene a chronic problem and that Mother continued to expect the child to manage his diabetes without adequate supervision or assistance. View "In re Child of Angela H." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child, holding that the record supported the finding of parental unfitness to the standard of clear and convincing evidence.Specifically, the Court held (1) the district court’s factual findings were fully supported by the record; (2) the district court did not err in finding that Mother remained unable to protect the child from jeopardy or take responsibility for him within a time reasonably calculated to meet his needs; and (3) the court did not err or abuse its discretion in determining that termination of Mother’s parental rights was in the child’s best interest. View "In re Child of T'Mara C." on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court finding circumstances of jeopardy to Mother’s newborn child’s health and welfare pursuant to Me. Rev. Stat. 22, 4002(6)(A)-(B), 4035(2), holding that the record evidence supported the court’s finding and determination of jeopardy.Specifically, the Court held (1) contrary to Mother’s contentions on appeal, the district court’s findings as to Mother’s inability adequately to care for the child and to make safe decisions with regard to necessary health care were supported by competent evidence in the record; and (2) therefore, the district court did not err in finding that the child was in circumstances of jeopardy. View "In re Child of Tiffany F." on Justia Law