In re Amber L.
Decision Date | 05 July 2018 |
Docket Number | Docket: Pen–18–79 |
Citation | 188 A.3d 876 |
Parties | IN RE CHILD OF AMBER L. |
Court | Maine Supreme Court |
Erik T. Crocker, Esq., Farrell, Rosenblatt & Russell, Bangor, 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, GORMAN, HJELM, and HUMPHREY, JJ.
[¶ 1] Amber L. appeals from the judgment of the District Court (Bangor, Campbell, J. ) that terminated her parental rights to her child pursuant to 22 M.R.S. § 4055(1)(A)(1)(a), (B)(2)(a), and (b)(i)-(ii) (2017).1 The mother contests the sufficiency of the evidence supporting the court's findings of parental unfitness. She further challenges the court's determination that termination of her parental rights is in the best interest of the child, arguing that because the kinship placement for the child provides sufficient stability, the court was required to order additional time for her to attempt to rehabilitate herself and reunify with the child. We conclude that clear and convincing evidence supports the court's finding that the mother is unfit as a parent and that the court acted within its discretion in determining that termination is in the child's best interest. We therefore affirm the judgment.
[¶ 2] After a two-day hearing in early February of 2018, the court found that the mother is unwilling or unable (1) to protect the child from jeopardy and (2) to take responsibility for him and that both of these circumstances are unlikely to change in a time reasonably calculated to meet the needs of the child. See 22 M.R.S. § 4055(1)(B)(2)(b)(i)-(ii). After carefully considering the record, the court ultimately determined that terminating the mother's parental rights was in the child's best interest. See 22 M.R.S. § 4055(1)(B)(2)(a). To support its findings of parental unfitness and its best interest determination, the court made the following factual findings based upon clear and convincing evidence in the record:
[¶ 3] "We review the trial court's factual findings that a parent is unfit and that termination of parental rights is in the child's best interest for clear error and the ultimate decision to terminate parental rights for an abuse of discretion." In re Child of Kelcie L. , 2018 ME 57, ¶ 3, 184 A.3d 387.
[¶ 4] We will reverse a finding on parental unfitness "only if there is no competent evidence in the record to support it, if the fact-finder clearly misapprehends the meaning of the evidence, or if the finding is so contrary to the credible evidence that it does not represent the truth and right of the case." In re Cameron B. , 2017 ME 18, ¶ 10, 154 A.3d 1199 (quotation marks omitted).
[¶ 5] The mother does not dispute the finding that at the time of the hearing, roughly fifteen months after the child was removed from her custody, she could not provide the child with permanency. Instead, she asserts that the circumstances causing her parenting deficits are likely to change in a reasonable time. "Although the [mother] contends that [she] made progress towards rehabilitation, the evidence was sufficient to support the court's finding, by clear and convincing evidence, of at least one ground of [her] parental unfitness." In re Child of Kelcie L. , 2018 ME 57, ¶ 5, 184 A.3d 387. Competent evidence in the record, particularly the testimony of the mental health professionals, fully supported the court's findings that the mother's parenting deficits pose jeopardy to the child and are not likely to be resolved absent intensive, long-term mental health treatment. See id. ; In re Mathew H. , 2017 ME 151, ¶ 5, 167 A.3d 561. The court, as a result, did not clearly err by finding that mother's circumstances are unlikely to change within a time reasonably...
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