IN RE MYRA B. et al.
Submitted On Briefs: July 20, 2017
Belfast
District Court docket number PC-2015-4
Thomas
F. Shehan, Jr., Esq., Searsport, for appellant father
Jeremy
Pratt, Esq., and Ellen Simmons, Esq., Camden, for appellant
mother
Janet
T. Mills, Attorney General, and Hunter C. Umphrey, Asst.
Atty. Gen., Office of the Attorney General, Augusta, for
appellee Department of Health and Human Services
Panel
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM,
JJ.
PER
CURIAM .
[¶l]
The parents of Myra B. and Nicole B. appeal from a judgment
of the District Court (Belfast, Worth, /.)
terminating their parental rights to the children pursuant to
22 M.R.S. § 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i),
(b)(ii) (2016). They challenge the sufficiency of the
evidence to support the judgment and the court's
discretionary determinations of the children's best
interests. Because the evidence supports the court's
findings and discretionary determinations, we affirm the
judgment.
[¶2]
Based on competent evidence in the record, the court found by
clear and convincing evidence that the parents were unwilling
or unable to protect the children from jeopardy within a time
reasonably calculated to meet their needs, unable to take
responsibility for the children within a time reasonably
calculated to meet their needs, and that termination of their
parental rights was in each child's best interest.
See In re Caleb M., 2017 ME 66, ¶ 27, 159 A.3d
345. The court based this determination on the following
supported factual findings:
At the jeopardy hearing..., the parties agreed and the Court
found that Myra and Nicole were in circumstances of jeopardy
in the care of [either parent] due to:
serious abuse or neglect as evidenced by the threat of
serious harm, including serious injury, and/or serious mental
and emotional impairment, and the deprivation of adequate
food, clothing, shelter, supervision, and/or care. This abuse
or neglect is due, in part, to unsanitary and unsafe
conditions of the home, the ongoing exposure of the children
to significant conflict and domestic violence, and [each
parent's] insufficiently and inconsistently treated
mental health [.]
Nicole and Myra have been living with their maternal aunt. .
. since being placed there by agreement in April, 2015, an
arrangement continued when the children came into the
State's custody in May, 2015. When the children first
moved into the [foster] home, they presented with many
problems. Myra was self-abusive, biting and hitting herself,
and striking her head against walls and floors. Nicole had
the habit of hiding behind furniture and inside closets. They
have hurt themselves, each other and third persons, damaged
property and disrupted classrooms. The children have
described seeing their parents fight and hurt each other,
hurt their half-brother... and hurt them. Whenever the girls
hear a raised voice or an angry voice, they start to act
badly, or try to get away and hide. One of the children has
told [the foster mother] that she is scared of her mother,
and does not want to be hurt anymore. She has also said that
she does not like it when daddy takes a belt to her. Both
children have required psychiatric hospitalization.
... In their aunt's home, their aggressiveness against
each other has diminished. They have gained some ability to
be calm and non-violent. However, ... the girls still have
grave behavioral and mental health struggles. They require
consistent, supportive, informed, capable parenting.
Unfortunately, neither parent has made sufficient progress
towards the alleviation of jeopardy to be able to provide
these individual girls, with their serious, particular and
...