In re Children of Tasha R.

2018 ME 64

• Court: Supreme Judicial Court of Maine
• Decided: May 8, 2018
• Status: Published

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2018 ME 64 Docket: Pen-17-520 Submitted On Briefs: April 25, 2018 Decided: May 8, 2018

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

IN RE CHILDREN OF TASHA R.

PER CURIAM

[¶1] Tasha R. appeals from a judgment of the District Court

(Bangor, Jordan, J.) terminating her parental rights to two of her children

pursuant to 22 M.R.S. § 4055(1)(A)(1)(a) and (B)(2)(a), (b)(i)-(ii), (iv) (2017).

Contrary to the mother’s contention, the court did not abuse its discretion in

proceeding with the termination hearing notwithstanding her request to

replace her court-appointed counsel. The mother does not challenge the court’s

findings by clear and convincing evidence of parental unfitness and that

termination is in the children’s best interests. See In re Zarianna C., 2018 ME 11,

¶ 2, 177 A.3d 1270; In re Alexavier G., 2017 ME 227, ¶ 1 & n.1, 174 A.3d 891

(stating that when the trial court found three bases for parental unfitness, a

single undisputed basis “constitutes a waiver of this issue on appeal” and “alone

is sufficient to support the court’s termination of her parental rights”).

Accordingly, we affirm the judgment. 2

[¶2] The mother failed to appear for the September 26, 2017, hearing on

the Department of Health and Human Services’ petition to terminate her

parental rights. Her court-appointed counsel was present and represented her

interests. Earlier, on September 15, acting pro se, the mother filed two

handwritten letters with the court raising numerous issues. Relevant to the

sole issue she raises on appeal, in one of the letters the mother alleged that her

attorney had failed to adequately communicate with and otherwise represent

her, and she named another attorney that she wished to have appointed to her

case.1 Upon finding that “I don’t take anything from [the letters] . . . [t]hey’re

allegations . . . [and the mother] is not here today,” and without objection from

any party, the court proceeded with the evidentiary hearing, in which the State,

the mother’s counsel, and the guardian ad litem participated.

[¶3] Although the mother has a due process right to appointed counsel

in this child protection proceeding, In re T.B., 2013 ME 49, ¶ 14, 65 A.3d 1282,

“the right to counsel does not include unfettered freedom to change attorneys,”

State v. Goodno, 511 A.2d 456, 457 (Me. 1986). We review the trial court’s

decision on a motion to change counsel for an abuse of discretion. In re J.R. Jr.,

1 In addition to representing the absent mother at the hearing, counsel filed a notice of appeal and appellant’s brief on her behalf. There is no indication in the record that the prospective substitute attorney named in the mother’s letter was even aware of her request. 3

2013 ME 58, ¶ 19, 69 A.3d 406; see In re Evelyn A., 2017 ME 182, ¶ 19,

169 A.3d 914 (“Although we recognize the trial court’s goal of protecting the

parents’ fundamental right to effective assistance of counsel, the court must be

careful, in protecting that right, not to ignore the simultaneous interest of the

State in promoting ‘the early establishment of permanent plans for the children,

22 M.R.S. § 4003(4) [2017].’” (citation omitted)). On these facts we find no

abuse of discretion in the court’s decision to proceed with the termination

hearing.

The entry is:

Judgment affirmed.

Randy G. Day, Esq., Garland, 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

Bangor District Court docket numbers PC-2016-74, 75 FOR CLERK REFERENCE ONLY