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In re E.A.

Supreme Judicial Court of Maine

March 24, 2015

IN RE E.A. et al

Submitted On Briefs: February 26, 2015.

On the briefs:

Jamesa J. Drake, Esq., Drake Law, LLC, Auburn, for appellant father.

Adam P. Sherman, Esq., Paradie, Sherman, Walker & Worden, Lewiston, for appellant mother.

Janet T. Mills, Attorney General, and Meghan Szylvian, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee Department of Health and Human Services.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, and JABAR, JJ.

OPINION

Page 208

MEAD, J.

[¶1] The mother and father of E.A. and E.A. appeal from a judgment of the District Court (Lewiston, Beliveau, J.) finding jeopardy and the existence of aggravating factors pursuant to 22 M.R.S. § § 4002(1-B)(B)(3), 4002(1-B)(B)(5), 4002(1-B)(A)(1), and 4035 (2014). We conclude tat the court did not err when it found aggravating factors as to the father or admitted in evidence an autopsy report of the parents' son. Because the evidence supports the court's findings, we affirm the judgment.

I. BACKGROUND

[¶2] The following facts are supported by competent record evidence. See In re M.E., 2014 ME 98, ¶ 16, 97 A.3d 1082. On October 3, 2013, premature twins E.A. and E.A. were born at Maine Medical Center in Portland. Six days later, the Department of Health and Human Services (Department) petitioned for a child protection order, alleging that the twins were in circumstances of immediate risk of serious harm based on the mother's infliction of fatal injuries to the parents' adopted son in February 2003, and the father's infliction of serious bruising to the son two days before his death. The court granted the

Page 209

petition. After spending several weeks in Maine Medical Center's neonatal intensive care unit, the twins were discharged into a foster home. In an early December 2013 visit with their pediatrician, the mother and father declined to give consent for vaccinations for the twins. In January 2014, the twins received only two of the five recommended vaccines. On February 25, 2014, the court ordered that the twins be administered any and all vaccinations recommended by the pediatrician. The twins are currently healthy.

[¶3] On May 30, 2014, the court concluded that E.A. and E.A. would be in circumstances of jeopardy to their health and welfare if returned to the custody of their parents. The court found that the parents have failed to acknowledge ...


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