In Re Breauna N.

1999 ME 191, 742 A.2d 911, 1999 Me. LEXIS 216
CourtSupreme Judicial Court of Maine
DecidedDecember 20, 1999
StatusPublished
Cited by8 cases

This text of 1999 ME 191 (In Re Breauna N.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Breauna N., 1999 ME 191, 742 A.2d 911, 1999 Me. LEXIS 216 (Me. 1999).

Opinions

RUDMAN, J.

[¶ 1] Breauna’s mother and her grandfather appeal from an order entered by the District Court (Portland, Bradley, J.) terminating the mother’s parental rights pursuant to 22 M.R.S.A. §§ 4055(B)(2)(a), 4055(B)(2)(b)®, and 4055(B)(2)(b)(ii) (1992 & Supp.1998). They argue that the court erred when it found by clear and convincing evidence: (1) that the mother was unwilling and unable to take responsibility for and protect Breauna from jeopardy in a time reasonably calculated to meet Breauna’s needs; and (2) that the termination of her parental rights was in Breau-na’s best interest. The mother further asserts that the court erred when it denied her motion to reinstate the Department of Human Services’ (DHS) obligation to reunify her with Breauna. The mother and the grandfather also contend that the [913]*913court erroneously determined (1) that DHS made a good faith attempt to reunify Breauna with her mother and grandfather; and (2) that equitable estoppel did not preclude a finding that the mother made insufficient efforts to reunify with Breau-na. Finally, the grandfather argues that the court exceeded the bounds of its discretion when it excluded his letter from evidence. We disagree and affirm.

I. FACTS

[¶ 2] Based upon the unified record, the trial court could have found the following: The fifteen-year-old mother delivered Breauna on February 9, 1995. Breauna’s grandfather traveled to Maine from the U.S. Air Force Base in Aviano, Italy to help his daughter for a week. After the grandfather returned to Italy, he sent money and necessities for Breauna. As an infant, Breauna had numerous medical problems. Breauna was bom with a ventricular septal defect in her heart; she also had multiple ear and urinary tract infections. Her mother repeatedly sought medical help for the child, but the child’s illnesses persisted. Between November 1995 and February 1996, Casey Family Services, which provided intensive in-home treatment, a public health nurse, and a day care center assisted the mother in caring for Breauna.

[¶ 3] When DHS first petitioned for a Child Protection Order (CPO), it argued that the mother jeopardized Breauna’s health and welfare. At thirteen months old, Breauna only weighed fifteen pounds, four ounces. DHS did not initially seek custody of Breauna. Rather, DHS referred the mother and Breauna to the Spurwink Clinic for comprehensive psychological and medical evaluations. A Spurwink doctor diagnosed Breauna’s condition as non-organie failure to thrive due to environmental conditions.-

[¶4] After the Spurwink evaluations, DHS sought a preliminary CPO. The court awarded DHS temporary custody of Breauna because her mother needed extensive parenting training and assistance. DHS placed Breauna with a foster family and the mother moved to Aviano, Italy with her family.

[¶ 5] At the final CPO hearing, the court (Portland, Beaudoin, J.) found by a preponderance that Breauna was in jeopardy because she suffered from non-organic failure to thrive. The mother did not sufficiently feed, nurture or interact with Breauna. The court concluded that Breauna was in an immediate risk of serious harm due to caloric deprivation, a condition that could result in permanent brain damage and serious developmental delays.

A. Reunification Efforts With Breauna’s Grandfather

[¶ 6] In October 1996, the court (Portland, Goranites, J.) granted Breauna’s maternal grandfather limited intervenor status pursuant to 22 M.R.S.A. § 4005-B (1992). In March 1997, the court (Portland, Foster, J.) ordered DHS to reunify Breauna with her grandfather overseas. The first step in reunifying Breauna with her grandfather was a home study. The home study was delayed by over a year. The grandfather and his family were living on the U.S. Air Force Base in Germany. The grandfather recommended a person to complete the home study in Germany to DHS, but DHS declined his suggestion. About a year later, DHS hired the same person to complete the home study that the grandfather had identified. This delay adversely affected the grandfather’s reunification with Breauna because DHS credited Breauna’s attachment to her foster family during that year as a reason for maintaining her foster care.

[¶ 7] The court ordered the grandfather to temporarily relocate to Portland to begin an intensive reunification with Breau-na. Breauna’s placement with her grandfather and his wife was contingent upon her successful transition to them. When the court ordered reunification with the grandfather, it simultaneously relieved [914]*914DHS of its obligation to reunify Breauna with her parents.

[¶8] Spurwink recommended that the reunification plan exclude the mother because it feared that the grandfather would give her physical custody of Breauna. Rosemary Merrill, Breauna’s guardian ad litem (GAL) until March 1998, was concerned that Spurwink had based its recommendation on misinformation because the grandfather and his wife were “adamant” that they — -not the mother — would be Breauna’s primary caretakers. Ms. Merrill thought the misinformation influenced Spurwink’s final recommendation.

[¶ 9] In February 1998, the intensive reunification of the grandfather and Breauna began. Spurwink Clinic designed and executed the reunification plan. Before the intensive reunification plan was established, the grandfather informed DHS and Spurwink that he could only remain in Maine for thirty days because Air Force rules prohibited him from living off base for more than thirty days.1

[¶ 10] Spurwink’s plan allowed the grandfather to visit Breauna under supervision for two hours, twice a week. The record shows that this plan was not a traditional intensive reunification plan. The plan should have consisted of at least four visits a week building towards daily visits. Although Spurwink knew the grandfather only had thirty days in the United States, its reunification plan required sixty days. The grandfather returned to Germany less than thirty days into the reunification program.

[¶ 11] The grandfather can no longer be considered a reasonable alternative for custody. He has not returned to Maine since he left in March 1998 and he has not attended any of the termination hearings. At the termination hearing, the grandfather’s attorney offered a letter from the grandfather. The attorney offered the letter during the examination of the mother under M.R. Evid. 801(d)(2), but the court excluded the letter because it did not fall within any hearsay exception.

B. Efforts of the Mother

[¶ 12] While in Germany, the mother received her general education diploma. She took college courses and worked at a steady job. She also completed a parenting course at the military base. The mother decided, in Spring 1998, to begin the process of reunifying with Breauna. The mother arrived in Portland in August 1998. She obtained a full-time job and an apartment. At the time of the termination hearing, the mother was attending parenting classes and counselling at the YMCA.

[¶ 18] The GAL commended the mother for the progress that she had made: “She appears to be a totally different person than the person described in the reports from when Breauna first came into care.” The mother is “articulate, reasonably mature, somewhat naive and intelligent.” A doctor at Spurwink, however, described the mother as a rigid and defensive person. She does not suffer from any personality disorders.

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In Re Breauna N.
1999 ME 191 (Supreme Judicial Court of Maine, 1999)

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Bluebook (online)
1999 ME 191, 742 A.2d 911, 1999 Me. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-breauna-n-me-1999.