Justia Maine Supreme Court Opinion Summaries
Articles Posted in Family Law
In re Aliyah A.
The Supreme Judicial Court affirmed the judgment of the district court finding, by a preponderance of the evidence, that the six children in this matter were in circumstances of jeopardy to their health or welfare if placed in the care of either Mother or Father. On appeal, Father did not contest the finding of jeopardy, but did contest the finding of an aggravating factor, arguing that his conduct was not “heinous or abhorrent to society.” The Supreme Judicial Court affirmed, holding that the district court’s findings of jeopardy and an aggravating factor were supported by competent evidence in the record. View "In re Aliyah A." on Justia Law
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Family Law
In re Danika B.
The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her three children pursuant to Me. Rev. Stat. 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). On appeal, Mother argued that the court’s judgment terminating her parental rights should be vacated because the court found that the Department of Health and Human Services did not make reasonable efforts to “shape and monitor” counseling for her. The Supreme Judicial Court affirmed, holding (1) the record did not support Mother’s interpretation of the court’s findings; and (2) there was competent evidence in the record to support the court’s findings of unfitness and that termination was in the children’s best interests. View "In re Danika B." on Justia Law
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Family Law
In re Damein F.
The Supreme Judicial Court affirmed the judgment of the district court terminating Father’s parental rights pursuant to Me. Rev. Sat. 22, 4055(1)(A)(1)(a) and (B)(2)(b)(i)-(ii). The court held (1) the evidence showed that Father was unable, within a time reasonably calculated to meet his child’s needs, to protect the child from jeopardy or take responsibility for the child; and (2) because the district court’s findings of unfitness were supported by clear and convincing evidence and because permanent placement with the foster family would be in the child’s best interest, there was no error. View "In re Damein F." on Justia Law
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Family Law
In re Keegan M.
The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Parents to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The court held (1) contrary to Father’s arguments on appeal, the court’s findings were sufficient for the court to have found at least one ground of parental unfitness; and (2) the court did not err or abuse its discretion in determining that termination of Parents’ parental rights, with a permanency plan of adoption, was in the child’s best interest. View "In re Keegan M." on Justia Law
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Family Law
In re Noah B.
The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The district court found, by clear and convincing evidence, that Mother was unwilling or unable to protect the child from jeopardy and unwilling or unable to take responsibility for the child within a time reasonably calculated to meet his needs and that termination of Mother’s parental rights was in the child’s best interest. The Supreme Court held that the court did not err or abuse its discretion in determining that Mother was unfit and that termination of Mother’s parental rights, with a permanency plan of adoption, was in the child’s best interest. View "In re Noah B." on Justia Law
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Family Law
In re Marcus E.
The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii). The district court found, by clear and convincing evidence, that Mother was unwilling or unable to protect the child from jeopardy and unwilling or unable to take responsibility for the child within a time reasonably calculated to meet his needs and that termination of Mother’s parental rights was in the child’s best interest. The Supreme Court held that the court did not err or abuse its discretion in determining that Mother was unfit and that termination of Mother’s parental rights was in the child’s best interest. View "In re Marcus E." on Justia Law
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Family Law
In re Landon S.
The Supreme Judicial Court affirmed the judgment of the district court terminating Mother’s parental rights to her son pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv). The court held (1) given the trial court’s findings of fact, all of which were supported by competent evidence in the record, the court did not err in its unfitness determination, nor did it err or abuse its discretion in determining that termination of Mother’s parental rights was in the child’s best interest; and (2) the Department of Health and Human Services complied with Me. Rev. Stat. 22, 4041 by developing an adequate reunification plan and made a good faith effort to cooperate with and seek the participation of Mother throughout these proceedings. View "In re Landon S." on Justia Law
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Family Law
In re Hope H.
The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Mother and Father to their twin sons and the parental rights of Mother to her daughter pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a), (B)(2)(a), (b)(i)-(ii), (iv). The Supreme Court held, contrary to the parents’ contentions on appeal, that competent evidence in the record supported the court’s findings that Parents were unwilling or unable to protect the children from jeopardy and otherwise take responsibility for the children within a time reasonably calculated to meet the children’s needs and that Father failed to make a good faith effort to rehabilitate and reunify with the children. Further, the court did not abuse its discretion in excluding the children’s grandmother’s testimony as hearsay. View "In re Hope H." on Justia Law
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Family Law
In re Braxton M.
The Supreme Judicial Court affirmed the judgment of the district court terminating the parental rights of Parents to their child pursuant to Me. Rev. Stat. 22, 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv). Specifically, the court held that the findings were sufficient to support the trial court’s determinations that Parents were unable to protect the child from jeopardy or take responsibility for the child within a time reasonably calculated to meet his needs, that they had failed to make a good faith effort to rehabilitate and reunify with the child, and that termination of the Parents’ parental rights was in the child’s best interest. View "In re Braxton M." on Justia Law
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Family Law
Teele v. West-Harper
The Supreme Judicial Court affirmed the judgment of the district court granting Eric Teele’s motion to modify his child support obligation to his former wife but denying his request to be reimbursed for support he had paid during a period when he was disabled. Teele requested the reimbursement because, as a result of his disability, the parties’ two children received a retroactive lump-sum dependent benefit from the Social Security Administration (SSA) covering the same period when he had made payments. The Supreme Judicial Court held that the district court did not err in its interpretation and application of Me. Rev. Stat. 19-A, 2107 and Me. Rev. Stat. 19-A, 2009(2) in denying Teele’s request for reimbursement of child support during a period during which the children received retroactive dependent benefits from the SSA. View "Teele v. West-Harper" on Justia Law
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Family Law