Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Child Amanda H.

Supreme Court of Maine

March 12, 2019

IN RE CHILD OF AMANDA H.

          Submitted On Briefs: February 20, 2019

          Robert E. Meggison, Esq., Belfast, for appellant mother

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

          Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          PER CURIAM

         [¶1] Amanda H. appeals from a judgment of the District Court (Bangor, Jordan, /.) terminating her parental rights to her child. 22 M.R.S. §4055(1)(B)(2)(a), (b)(i)-(ii) (2018).[1] She argues that the court erred in concluding that she is unfit to parent and that it is in the best interest of the child to terminate her parental rights. We affirm the judgment.

         I. BACKGROUND

         [¶2] On April 26, 2017, when the child was three days old, the Department of Health and Human Services filed a child protection petition and a request for a preliminary protection order. See 22 M.R.S. § 4032 (2018). The petition alleged that the mother, who has an extensive history with the Department with her other children, failed to address her untreated mental health issues, was unable to identify and continued to associate with unsafe persons, and maintained an unsanitary home that was hazardous to children. The court [Lucy, J.) entered an order transferring custody of the child to the Department on the same day.

         [¶3] On September 28, 2017, the court (Jordan, J.) held a jeopardy hearing and, thereafter, issued an order finding jeopardy based, in part, on the mother's past behavior and her untreated mental health issues. See 22 M.R.S. § 4035(1)-(2) (2018). The Department then petitioned for termination of the mother's parental rights on December 27, 2017. See 22 M.R.S. § 4052 (2018). The court held a two-day hearing[2] on the petition and, on September 19, 2018, found by clear and convincing evidence that the mother is unwilling or unable to protect the child from jeopardy or take responsibility for the child within a time which is reasonably calculated to meet the child's needs and that termination of the mother's parental rights is in the best interest of the child. See 22 M.R.S. § 4055(1)(B)(2)(a), (b)(i)-(ii).

         [¶4] The court based its decision on the following factual findings, all of which are supported by competent evidence in the record.

[The mother] does not take responsibility for her conduct. She repeatedly blames others for her situation. She also does not seem to recognize unsafe individuals ... which is supported by the numerous protection from abuse and protection from harassment complaints she has filed against various people.
[The mother] has never acknowledged being an unsafe parent.
[U]ntil recently, [the mother's] life was chaotic. Her involvement with unsafe people and her extremely filthy housing continued. . . . [T]he combination of [the mother's] untreated mental health problems and low intellectual functioning have rendered her unable to correct the jeopardy regarding her child [T]he evidence is clear and convincing that those same circumstances are what lead to the jeopardous situation.
[The mother] has apparently made some progress regarding her living conditions and has been receiving mental health treatment. However, the Court finds by clear and convincing evidence that her progress is too little and comes too late for the Court to allow more time to pass before [the child] ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.