In re Domenick B.

197 A.3d 1076
CourtSupreme Judicial Court of Maine
DecidedDecember 6, 2018
DocketDocket: Han-18-285
StatusPublished
Cited by8 cases

This text of 197 A.3d 1076 (In re Domenick B.) 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 Domenick B., 197 A.3d 1076 (Me. 2018).

Opinion

PER CURIAM

*1077[¶ 1] Domenick B. appeals from an order of the District Court (Ellsworth, Roberts, J. ) terminating his parental rights to his child.1 He argues that there is insufficient evidence to support the court's finding of parental unfitness. Alternatively, the father argues that the court abused its discretion by terminating his parental rights rather than imposing a permanency guardianship. We affirm.

I. BACKGROUND

[¶ 2] The following facts, all of which are supported by competent evidence, are drawn from the court's judgment and the procedural record. See In re Children of Nicole M. , 2018 ME 75, ¶ 2, 187 A.3d 1. The child was born in December 2013, while the mother was incarcerated in Colorado. Several months later, the child's maternal grandparents brought the child to Maine to reside with them, and the father followed shortly afterwards. The mother was released from prison on parole in early 2015 and also returned to Maine.

[¶ 3] Shortly after the mother's return to Maine, the father was arrested for assaulting her with the child present. The Department of Health and Human Services filed a child protection petition, alleging that the father's substance abuse, anger, and domestic violence placed the child at risk of harm. See 22 M.R.S. § 4032 (2017). The court entered a jeopardy order by agreement, placing the child with her maternal grandparents. See 22 M.R.S. § 4035 (2017). Among other things, for a successful reunification, the jeopardy order required the father to participate in a substance abuse evaluation and individual therapy to address childhood trauma and anger issues, participate in random drug screening, and refrain from using any nonprescribed mood-altering substances.

[¶ 4] In November 2017, the Department filed a petition for termination of the father's parental rights. See 22 M.R.S. § 4052 (2017). A two-day hearing was held on the petition in May and June 2018. Following the hearing, the court entered a judgment granting the petition to terminate the father's parental rights after finding that he was unable to protect the child from jeopardy or take responsibility for her within a time reasonably calculated to meet the child's needs. See 22 M.R.S. § 4055(1)(B)(2)(b)(i)-(ii) (2017) ; In re Thomas D. , 2004 ME 104, ¶ 21, 854 A.2d 195.

[¶ 5] The court's decision was based on the following findings, all of which are supported by competent evidence in the record. See In re A.M. , 2012 ME 118, ¶ 29, 55 A.3d 463.

The court finds that [the father] has not participated in individual therapy to address his childhood trauma issues and how those may impact his parenting capability. [The father] has not participated in therapy to work on his anger issues. He began therapy with [a mental health counselor], participated sporadically, then discontinued treatment October 20, 2017, without completing his goals.
*1078[The father] has engaged in substance abuse therapy through [a] methadone program since July of 2016. He has had negative tests for opiates through his treatment and reports that his opiate addiction has been in remission for five years. [The father's] substance abuse therapy would be considered successful were it not for his use of alcohol. [The father] has been on notice since he began participation in the [methadone treatment] program that alcohol use is dangerous for him and is therefore prohibited. [The father] was warned to stop his use of alcohol following a failed screen on March 13, 2018. He promised to discontinue his use of alcohol at a subsequent family team meeting. Unfortunately, he tested positive for alcohol twice since March, including the week before this hearing. The [c]ourt concludes that substance abuse therapy has not been completed satisfactorily to this point.
The court recognizes that [the father] loves his [child] very much, and he wants very much to reunify with [her]. The court also has no doubt that [the child] loves [her] father. The court finds, however, that [the father] has been very inconsistent in his mental health services, and despite the significant passage of time, he has made insufficient progress towards alleviating jeopardy.
....
[The father], to his credit, has gained employment and taken steps toward establishing a home where he can care for [the child]. [The father] has simply not made the effort at reunification that he should have made ....
[The father's] relationship with [the mother] was marred by domestic violence and substance abuse. Both parents report a history of violent behaviors toward each other ... [and the father] did not complete the therapy he needed to address and understand how his own childhood trauma and anger issues may impact his parenting.
This is an old case, and [the child] needs permanency. The child has been in the custody of DHHS since August 25, 2016. She has been in the care of her maternal grandparents, with or without her parents' involvement, for most of her life. Despite the length of time and the numerous opportunities, father has made insufficient progress and is unable to take responsibility of [the child].
....
[The maternal grandparents] have been providing excellent care for [the child] .... Furthermore, the [maternal grandparents] recognize the importance of [the child] having an ongoing relationship with her father to whom she is bonded. The [maternal grandparents] supported [the mother] and [the father] in their attempts at rehabilitation. These proceedings have strained the relationship between the [maternal grandparents] and [the father], but, they are willing to work to make sure that [the child] has a relationship going forward.
....
.... Given the length of this case, the lack of progress by the father, and [the child's] need for permanency, ... [the guardian ad litem] recommends that [the father's] parental rights be terminated ... and the court agrees with her assessment.

II. DISCUSSION

A. Parental Unfitness

[¶ 6] The father's main argument is that there is insufficient evidence to establish his parental unfitness by clear and convincing evidence. Contrary to his argument, competent evidence supports the *1079

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Children of Shennevia Y.
2023 ME 76 (Supreme Judicial Court of Maine, 2023)
In re Child of Nicholas W.
2020 ME 16 (Supreme Judicial Court of Maine, 2020)
In re Child of Kimberly K.
2019 ME 145 (Supreme Judicial Court of Maine, 2019)
In re Child of Rebecca J.
2019 ME 119 (Supreme Judicial Court of Maine, 2019)
In re Children of Danielle F.
2019 ME 65 (Supreme Judicial Court of Maine, 2019)
In re Child Danielle F.
207 A.3d 1193 (Supreme Judicial Court of Maine, 2019)
In re Children of Christopher S.
2019 ME 31 (Supreme Judicial Court of Maine, 2019)
In re Christopher S.
203 A.3d 808 (Supreme Judicial Court of Maine, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
197 A.3d 1076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-domenick-b-me-2018.