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IN RE LOGAN M. et al.

Maine Supreme Judicial Court2017-02-02No. Docket: Cum-16-309
155 A.3d 4302017 ME 23

Summary

Holding. The court affirmed the judgment terminating the parental rights of both the mother and the father, finding clear and convincing evidence supported the determinations of parental unfitness and that termination was in the children's best interests.

A mother and a father appealed from a district court judgment terminating their parental rights to two children following nearly two years of dependency proceedings, multiple reunification attempts, and a two-day hearing. The mother challenged both the sufficiency of evidence regarding her unfitness and the best-interests determination, while the father challenged only the best-interests conclusion regarding his child. The appellate court reviewed the trial court's findings under a clear-error standard and found substantial evidence supporting the court's conclusions that both parents were unable to protect the children from jeopardy and unable to assume responsibility within a timeframe meeting the children's needs.

The evidence established that the mother had a longstanding history of substance abuse with a documented relapse, maintained problematic attitudes toward alcohol consumption despite her acknowledged addiction, required ongoing mental health treatment, frequently arrived late to supervised visits causing emotional distress to the children, and had failed to ensure the children's safety in multiple incidents spanning from 2006 to 2015. Although the father did not challenge his unfitness finding, the record contained clear and convincing evidence supporting that determination as well. The court did not abuse its discretion in determining that termination served the children's best interests, particularly given the children's current mental health needs and their requirement for stable, permanent placement rather than continued foster care uncertainty.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of evidence for parental unfitness based on substance abuse and failure to ensure child safety
  • Whether termination of parental rights serves the children's best interests
  • Standard of review for clear-error challenges to family court findings

Procedural posture

The parents appealed from a district court judgment terminating their parental rights following dependency proceedings that included agreed jeopardy orders, multiple review hearings, reunification plan attempts, and a two-day termination hearing.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM

[¶ 1] The mother of Logan M. and Bry-son L., and the father of Bryson L., appeal from a judgment of the District Court (Portland, Powers, J.) terminating their parental rights pursuant to 22 M.R.S. § 4055(1)(B)(2) (2016). The mother argues that the evidence was not sufficient to support the court’s determination of parental unfitness and that termination is not in the children’s best interests. The’ father argues that termination of his parental rights is not in the best interest of Bryson. We affirm the judgment.

[¶ 2] After the issuance of agreed-to jeopardy orders for both children, nearly two years of review hearings, multiple reunification plans, and a two-day hearing held in June 2016, the court issued two judgments on June 24, 2016, terminating the mother’s parental rights qs to both children, and the father’s parental rights as to Bryson. In the judgments, the court found by clear and convincing evidence that the parents are unable to protect the children from jeopardy and are unable to take responsibility for the children within a time reasonably calculated to meet the children’s needs, 22 M.R.S. § 4055(l)(B)(2)(b)(i)-(ii), and that termination is in the best interest of each child.

[¶ 3] Reviewed for clear error, there is competent evidence in the record to support the court’s findings, by clear and convincing evidence, of the mother’s parental unfitness. See Guardianship of Hailey, 2016 ME 80, ¶ 15, 140 A.3d 478. Evidence in the record supports the court’s findings that the mother has had a long-standing history of substance abuse, including a relapse in September 2015; insists that she can drink alcohol because it is legal, despite her addictive personality; and continues to require mental health counseling. Also supported by clear and convincing evidence are the court’s findings that the mother was often late to DHHS-supervised visits with her children, causing significant distress to one of the children; and that she has had issues ensuring her children’s safety, as demonstrated by a number of incidents requiring DHHS intervention as far back as 2006 with one of the children, and more recently in 2015 with her infant daughter, who is the subject of a separate child protection proceeding.

[¶ 4] Although not challenged by the father, the evidence supports the court’s finding of his parental unfitness by clear and convincing evidence.

[¶ 5] Finally, “viewing the facts, and the weight to be given them, through the trial court’s lens,” the court did not abuse its discretion by concluding that termination of the parental rights of the father and mother is in the best interest of the children. See In re R.M., 2015 ME 38, ¶ 7, 114 A.3d 212; 22 M.R.S. § 4055(1)(B)(2)(a). One of the purposes of the statute providing for termination of parental rights is to “[ejliminate the need for children to wait unreasonable periods of time for their parents to correct the conditions which prevent their return to the family.” 22 M.R.S. § 4050(2) (2016). As the court found in this matter, particularly in light of evidence of significant mental health issues presently affecting one the of the children and the prospect of psychological damage to the second child absent permanence, “[bjoth children need a stable and permanent home without the uncertainty of foster care.”

The entry is:

Judgment affirmed.

. The court also issued a judgment terminating Logans father’s parental rights as to him. That father does not appeal.