In re Child Danielle F., Docket: Cum-18-386
Decision Date | 07 May 2019 |
Docket Number | Docket: Cum-18-386 |
Citation | 207 A.3d 1193 |
Parties | IN RE CHILD OF DANIELLE F. |
Court | Maine Supreme Court |
Andrea S. Manthorne, Esq., Roach, Hewitt, Ruprecht, Sanchez & Bischoff, Portland, for appellant mother
Aaron M. Frey, 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, HJELM, and HUMPHREY, JJ.
[¶1] Danielle F. appeals from a judgment of the District Court (Portland, Powers, J. ) terminating her parental rights to her child.1 22 M.R.S. § 4055(1)(B)(2)(a), (b)(i)-(ii) (2018). She contends that (1) her due process rights were violated when the court commenced the termination hearing, as scheduled, in her absence, and (2) the court abused its discretion by terminating her parental rights rather than imposing a permanency guardianship. We affirm the judgment.
[¶2] Based on clear and convincing evidence in the record, the court found that the mother is (1) unable to protect the child from jeopardy within a time which is reasonably calculated to meet the child's needs, and (2) unable to take responsibility for the child. See id. § 4055(1)(B)(2)(b)(i)-(ii). The court also found that termination of the mother's parental rights is in the child's best interest. See id. § 4055(1)(B)(2)(a) (2018).
[¶3] The court based its decision on the following findings of fact, all of which are supported by competent record evidence.
[¶4] Following the issuance of the judgment terminating her parental rights, the mother timely appealed. See 22 M.R.S. § 4006 (2018) ; M.R. App. 2B(c)(1).
[¶5] The mother first argues that the termination judgment should be vacated because she was denied due process when the court commenced the termination hearing—as scheduled—in her absence, although it was aware that she would be arriving in a few hours. "In termination cases, where fundamental interests are at stake, due process requires: notice of the issues, an opportunity to be heard, the right to introduce evidence and present witnesses, the right to respond to claims and evidence, and an impartial fact-finder." In re Child of James R. , 2018 ME 50, ¶ 17, 182 A.3d 1252. Due process, however, "does not require that a parent be physically present at the termination hearing, as long as notice of the hearing was given in a manner calculated to give actual notice and the parent had an opportunity to be heard." In re Child of Tanya C. , 2018 ME 153, ¶ 10, 198 A.3d 777.
[¶6] Because the mother had the opportunity—through her attorney—to examine witnesses and respond to claims and evidence, see In re Adden B. , 2016 ME 113, ¶ 9, 144 A.3d 1158, and because she has failed to demonstrate on appeal how her participation in the part of the trial where she was not present could have affected the court's findings, see In re G.W. , 2014 ME 30, ¶ 9, 86 A.3d 1228, the mother's due process rights were not violated, and the court did not abuse its discretion in determining that the hearing could proceed without her presence.
[¶7] The mother next contends that the court should have ordered a permanency guardianship rather than termination of her parental rights. The mother fails to recognize, however, that (1) the grandparents with whom the child was placed were not open to a permanency guardianship, (2) the guardian ad litem expressly recommended against a permanency guardianship as well, (3) there were tensions between the mother and the grandparents, and (4) the court found that the child needs permanency now, not years down the road, see 22 M.R.S. § 4050(2)-(3) (2018). See In re Child of Domenick B. , 2018 ME 158, ¶ 10, 197 A.3d 1076 ; In re Cameron B. , 2017 ME 18, ¶ 13, 154 A.3d 1199 ; In re David W. , 2010 ME 119, ¶ 10, 8 A.3d 673.
[¶8] "We review the court's determination regarding the...
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