In Re Charles G.

2001 ME 3, 763 A.2d 1163, 2001 Me. LEXIS 3
CourtSupreme Judicial Court of Maine
DecidedJanuary 5, 2001
StatusPublished
Cited by29 cases

This text of 2001 ME 3 (In Re Charles G.) 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 Charles G., 2001 ME 3, 763 A.2d 1163, 2001 Me. LEXIS 3 (Me. 2001).

Opinion

RUDMAN, J.

[¶ 1] The mother of Charles G. appeals from the judgment of the District Court (Farmington, Mullen J.) terminating her parental rights. On appeal, the mother argues, inter alia, that (A) the court’s reliance on prior orders violated her constitutional rights, (B) there was insufficient evidence to support the court’s termination of her parental rights, (C) the court erred *1165 in finding that she did not rebut the presumption found in 22 M.R.S.A. § 4055 (1-A), and (D) it was not in the child’s best interest to have his mother’s parental rights terminated. We disagree and affirm the judgment.

A.

[¶ 2] The mother asserts that the court violated her constitutional rights by denying her liberty without due process and by denying her equal protection of the laws as guaranteed by Article I, Section 6-A, of the Maine Constitution, 1 when the court “relied” on the order ceasing the State’s reunification efforts and the order issued after summary preliminary hearing.

[¶ 3] We have previously noted that “[cjhild protective proceedings are ongoing .... ” In re Christmas C., 1998 Me 258, ¶ 12, 721 A.2d 629, 632. In In re Leona T., we stated that,

testimony considered at a hearing on a preliminary child protection order may be considered in rendering a final child protection order pursuant to 22 M.R.S.A. §§ 4034, 4035 (1992) (citing In re David W., 568 A.2d 513, 515 (Me.1990)). We noted the unitary nature of the two proceedings, as ‘part of an overall statutory scheme designed to insure the protection of children.’ Id. Likewise, reunification and termination are unitary in nature.
The fact that a further hearing and a higher burden of proof must be met to terminate parental rights does not necessitate that the testimony presented at the reunification hearing be repeated at the termination hearing.

In re Leona T., 642 A.2d 166, 168 (Me. 1994) (emphasis added).

[¶ 4] The mother was represented by counsel at the summary preliminary hearing. The testimony at both of the prior hearings was relevant to the determination of whether to terminate the mother’s parental rights. See In re Leona T., 642 A.2d at 168. The mother also had the opportunity to call witnesses and to cross-examine the department’s witnesses. In this unitary proceeding, it was well within the District Court’s discretion to consider testimony presented at the earlier hearings. Therefore, the court did not err in considering its own previous factual findings, when terminating the mother’s parental rights. Id. (citing In the Interest of Adkins, 298 N.W.2d 273, 277 (Iowa 1980)).

B.

[¶ 5] The mother questions the sufficiency of the evidence presented at the hearing. For parental rights to be terminated, the Department of Human Services must prove by clear and convincing evidence one of four statutory bases, in addition to proving that termination of the mother’s parental rights is in the best interest of the child. See 22 M.R.S.A. § 4055(1)(B)(2)(1992). 2 “When reviewing *1166 sufficiency challenges for clear and convincing evidence, we examine whether the trial court ‘could have reasonably been persuaded on the basis of evidence in the record that the required factual findings were highly probable.’” In re Breauna N., 1999 ME 191, ¶ 19, 742 A.2d 911, 915 (quoting In re Denise M., 670 A.2d 390, 398 (Me.1996)). If there is “rational or competent support in the record” for the District Court’s findings, we must sustain them. In re David G., 659 A.2d 859, 861 (Me.1995) (citation omitted).

[¶ 6] Proof of any one of the four statutory definitions of parental unfitness, pursuant to 22 M.R.S.A. § 4055, is independently adequate to justify termination, if supported by clear and convincing evidence. In re David G., 659 A.2d 859, 861 (Me.1995) (citations omitted). Although it only needed to find one, the trial court found that the Department of Human Services proved three of the statutory grounds by clear and convincing evidence. In re Kafia M., 1999 ME 195, ¶ 10, 742 A.2d 919, 923.

[¶ 7] The trial court found by clear and convincing evidence that the mother is unwilling and unable to protect Charles from jeopardy 3 and that these circumstances áre unlikely to change within a time frame which is reasonably calculated to meet the child’s needs. See 22 M.R.S.A. § 4055(1)(B)(2)(b)(i). The qdestion, then, is whether the mother can protect her son from jeopardy, and if not, “the court must determine a time reasonably calculated to meet the child’s needs and ‘the time frame which the court is gauging must be seen from the child’s perspective.’” In re Annette P., 589 A.2d 924, 926-927 (Me.1991) (quoting In re Christopher J., 505 A.2d 795, 798 (Me.1986)). “[Wjhile the inquiry concerning parental unfitness pursuant to sections 4055(1)(B)(2)(b)(i) and (ii), concerning the parents’ inability or unwillingness to protect the children from jeopardy and to take responsibility for the children, is prospective, the evidence to be considered is retrospective.” In re Nathaniel B., 1998 ME 99, ¶ 6, 710 A.2d 921, 922 (citation omitted).

[¶ 8] The court, in its child protection order, found that the mother was unable, at that time, to provide her six children with adequate supervision or care, including health care, and that such inadequacies caused a threat of serious harm. The court also found that all of the children had been sexually abused and that the mother was not the abuser. The evidence establishes that the home from which the child was removed was chaotic and that the mother’s former husband sexually and physically abused the children.

[¶ 9] Moreover, we have noted that “the emotional difficulties that may attend fos *1167 ter care are included within the statutory definition of jeopardy. We have previously upheld a finding of jeopardy when a child, already vulnerable from earlier abuse and instability, faced ‘developmental regression of serious magnitude’ if removed from his stable foster home.” In re Colby E., 669 A.2d 151, 152 (Me.1995) (quoting In re Dean A, 491 A.2d 572

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Bluebook (online)
2001 ME 3, 763 A.2d 1163, 2001 Me. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-charles-g-me-2001.