Jeffrey E., In re

• Decision Date: 25 April 1989
• Citation: 557 A.2d 954
• Parties: In re JEFFREY E.
• Court: Maine Supreme Court

Page 954

557 A.2d 954

In re JEFFREY E.

Supreme Judicial Court of Maine.

Argued March 21, 1989.

Decided April 25, 1989.

David W. Austin (orally), Rumford, for respondent-appellant.

Bruce N. Shibles (orally), Augusta, for Dept. of Human Services.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and COLLINS, JJ.

CLIFFORD, Justice.

Linda and James E., the parents of Jeffrey E., appeal from an order of the District Court (Rumford; Batherson, A.R.J.) terminating their parental rights pursuant to 22 M.R.S.A. § 4055 (Supp.1988). On appeal they contend the District Court's termination order is not supported by clear and convincing evidence. We affirm the District Court.

At the hearing on a petition filed by the Department of Human Services (Department) for the termination of the parental rights of Linda and James E., the District Court would have been warranted in finding the following facts.

Jeffrey E. was born on February 1, 1984 to Linda and James E. He has three brothers who currently reside with Linda and James. Linda is the primary caretaker of the children, while James is an unusually passive parent who contributes virtually nothing toward the care of the children and does not assist in performing any household duties.

Jeffrey suffered from pneumonia and was hospitalized several times in 1984 and 1985. In the spring of 1985, Jeffrey was hospitalized and spent time in a Boston hospital with pneumonia and a collapsed lung. When he returned home, he was put on a regimented treatment program that was essential for a healthy recovery. Linda and James, however, were unable to follow through with providing the medications and therapies ordered by Jeffrey's physician, even with the help of a nurse from Androscoggin Home Health Associates. Consequently, Jeffrey became ill and had to be hospitalized again.

In July of 1985, Jeffrey was temporarily removed from his parents' home and placed in foster care, see 22 M.R.S.A. § 4034 (Supp.1988), and in 1986, after a hearing on the Department's Petition for a Final Protection Order, the District Court found Jeffrey to be in circumstances of jeopardy to his health and welfare should he be returned to the custody of his parents and awarded custody to the Department. See 22 M.R.S.A. §§ 4035, 4036 (Supp.1988).

When he arrived at the foster home, Jeffrey was seventeen months old; he spoke only two words; he was unable to understand simple sentences; and he was not using a cup or spoon. After a great deal of work and attention, Jeffrey's medical condition improved and he advanced developmentally. Within a few days in the foster home, he was able to close his mouth enough to drink out of a cup. He was walking within six weeks and had increased his vocabulary from two to thirty words within three months of his arrival at the foster home. His medical condition improved with his foster mother's strict attention to the complicated medical instructions.

The Department pursued three reunification plans, in the form of written service agreements, in accordance with 22 M.R.S.A. § 4041 (Supp.1988). The reunification plans addressed three areas of concern: the family's health, the discipline and structure in the home, and the formulation of ways to stimulate the learning and development of Jeffrey. Because Linda and James did not comply with the terms of the agreement and the Department's service providers did not see any improvement in Linda's or James' parenting abilities, the Department discontinued reunification efforts in October of 1987 and petitioned the court for termination of the parental rights of Jeffrey's parents. See 22 M.R.S.A. § 4052 (Supp.1988). After a hearing in June 1988, the District Court ordered that the parental rights of Linda and James be terminated. This appeal followed.

I.

Pursuant to the requirements for the termination of parental rights set out in 22 M.R.S.A. § 4055, ¹ the court found by clear and convincing evidence that the parents were unwilling or unable to protect Jeffrey from jeopardy and that those circumstances were unlikely to change within a time which is reasonably calculated to meet the needs of Jeffrey (22 M.R.S.A. § 4055(1)(B)(2)(b)(i)), and that they were unwilling or unable to take responsibility for Jeffrey within a time which is reasonably calculated to meet his needs (22 M.R.S.A. § 4055(1)(B)(2)(b)(ii)). In addition, the court found that Linda and James had failed to make a good-faith effort to rehabilitate and reunify with Jeffrey pursuant to 22 M.R.S.A. § 4041 (22 M.R.S.A. § 4055(1)(B)(2)(b)(iv)). The court also made the requisite finding that termination of the parental rights of Linda and James was in the best interest of Jeffrey. 22 M.R.S.A. § 4055(1)(B)(2)(a).

In reviewing the District Court's findings, we examine the entire record to determine whether the court rationally could have found clear and convincing evidence in support of its factual conclusions. In re Misty Lee H., 529 A.2d 331, 333 (Me.1987). When clear and convincing evidence is required, we review whether the factfinder could reasonably have been persuaded that the required factual findings were proved to be highly probable. Id.; In re John Joseph V., 500 A.2d 628, 629 (Me.1985); Taylor v. Commissioner of Mental Health, 481 A.2d 139, 153 (Me.1984).

A finding of jeopardy may be based on the parents' inability to meet a child's special needs. In re Dean A., 491 A.2d 572, 574-75 (Me.1985). These needs may be developmental, id., and they may include health care. 22 M.R.S.A. § 4002(6)(B). ² Linda and James contend that it was improper for the court to consider their inability to provide medical attention to Jeffrey because Jeffrey was in good health at the time of the termination proceeding. We disagree.

In order for a court to take into account the special medical needs of a child, a present medical emergency need not exist, nor does such a medical emergency have to be imminent or even certain to recur. The evidence in this case disclosed that, because of past medical history, Jeffrey was susceptible to medical problems that parents with average skills easily would be able to treat at home, but that Linda and James clearly would be unable to cope with. According to a nurse...