In re G.T.

2016 ME 2, 130 A.3d 389, 2016 Me. LEXIS 3, 2016 WL 121925
CourtSupreme Judicial Court of Maine
DecidedJanuary 12, 2016
DocketDocket Pis-15-259
StatusPublished
Cited by4 cases

This text of 2016 ME 2 (In re G.T.) 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 G.T., 2016 ME 2, 130 A.3d 389, 2016 Me. LEXIS 3, 2016 WL 121925 (Me. 2016).

Opinion

. SAUFLEY, C.J.

[¶ 1] The two boys who are the subject of this termination of parental rights proceeding were ten and twelve years old when the court (Dover-Foxcroft, Molió-me, J.) held a hearing on the third petition brought by the Department of Health and Human- Services to terminate the parental rights of their parents. Two- prior petitions had been denied, allowing their par *391 ents multiple opportunities to learn how to parent their sons free from violence, hostility, and denigration. By the time of the third trial, both boys suffered from post-traumatic stress disorder and other serious conditions, and they faced a life limited by them lost opportunity for a healthy childhood. Their parents appeal from the termination of their parental rights, challenging the court’s findings of parental unfitness and its determination that termination was in each child’s best interest. 1 We discern no error or abuse of discretion and affirm the judgment.

I. BACKGROUND

[¶ 2] This .family became involved, in a child protection proceeding in 2003, when G.T. was .less than a year old, due to the father’s domestic violence and mental health issues, and the mother’s neglect. The Department eventually petitioned for the termination of the parents’ parental rights, but the court (MacMichael> J.) determined. in April 2005 that a termination of parental rights was not in G.T.’s best interest. The court clarified, however, that the father had a responsibility to “understand once and for all that-he cannot continue .his pattern of domestic violence and denial,” that he must not behave, in an abusive manner, and that he must “do more than pay lip service to what the service providers have been trying to teach him.” , Later in 2005, J.T. was born and was immediately placed in the Department’s custody.

[¶ 3] The - court considered a subsequent petition for termination .of parental rights, entering a judgment in May 2006. The court found that the father had physically disciplined an older child from another relationship in December 2005 by grabbing the front of the child’s jacket and his neck, and that the father had continued to be unable “to conduct himself in a manner that demonstrates alternatives to hurtful behavior.” The court found that, although the father had demonstrated some willingness to participate in services, he had “not demonstrated an ability to use what he ha[d] been taught.” The court found that he had spoken in a “loud, angry, and threatening manner” at á' meeting held'to review a treatment plan, that he had “used derogatory terms to describe the women professionals involved in this case and to describe other women in his life,” and that he had continued “to fail to accept accountability for his actions.”

[¶ 4] Nonetheless, the court found that the father had a good relationship with G.T. and determined that the Department had not met its burden to demonstrate the father’s unfitness. The court ordered the Department to provide intensive in-home support for the father, and the boys were returned to their father’s home later in 2006. The mother has lived.,apart from them, . except during the children’s early lives.

- [¶ 5] The present matter began on November 15, 2013, after G.T. disclosed at school, that his father had physically abused him and his brother, and. had threatened his life. 2 The court (Cuddy, J.) *392 granted the Department’s petition for an order of preliminary protection requiring the removal of the children from the father’s home and their placement in the Department’s custody. Services were again provided to the father to help him recognize the effect of his abuse on the children and become capable of caring for them as they recover from that abuse.

[¶ 6] After a contested summary preliminary hearing as to the father, 3 the court (Stitham, J.) found that the father had physically and emotionally abused each of the children. This finding was also reached in a jeopardy order entered with both parents’ consent. A contested judicial review led to additional findings by the court (Mallonee, J.) that the father had physically accosted G.T. at an October 8, 2014, visit and threatened G.T. that he would surrender his parental rights to him; had continued to be combative toward the Department, blaming the Department for G.T.’s behavioral issues; and had been hostile in the courtroom.

[¶ 7] The Department petitioned for termination of the parents’ parental rights on February 4, 2015. The court held a hearing on the petition two months later and entered a judgment terminating both parents’ parental rights to the boys on May 19, 2015. The court found that, despite the father’s participation in services, he continues to relate to others primarily based on anger, fear, and intimidation, including in the courtroom, and he perceives as hostile anyone who does not unambiguously appeal’ to him to be an ally. The court found that the father is unable to protect the boys from jeopardy because he cannot change his mode of interpersonal relations and behavior to prevent-aggravating the children’s distress. The court found that the children’s mother does not believe she is able to care for the children, that she has never been able to protect G.T. from mistreatment, and that she is unable to assist the boys in recovering from their trauma.

[¶ 8] The court further found that both children suffer from post-traumatic stress disorder as a result of their father’s hostile and violent behavior; that G.T.’s severe needs led to his placement in a residential treatment program after multiple failed placements; and that J.T., who has lived with his paternal aunt throughout the proceedings, has developmental delays. Both children have been involved in child protection proceedings during much of their lives, and as the court found, they now desperately need safety, stability, and clarity about their futures — goals that are actively undermined by the possibility of a return to either parent’s care.

[¶ 9] Ultimately, the court found that both parents were unable to protect the children from jeopardy and that the circumstances were unlikely to change within a time that is reasonably calculated to meet either child’s needs, 22 M.R.S. § 4055(l)(B)(2)(b)(i) (2015), and it determined that, despite the children’s affection for their parents, their best interests are served by being freed from these parental attachments to achieve permanency, see 22 M.R.S. § 4055(1)(B)(2)(a) (2015). The parents appealed from the court’s judgment.

II. DISCUSSION

[¶ 10] For a court to terminate parental rights after custody has been removed from a parent upon a finding of *393 jeopardy, see 22 M.R.S. §§ 4035, 4055(l)(A)(l)(a) (2015), the court must find, by clear and convincing evidence, at least one ground of parental unfitness,' see 22 M.R.S. § 4055(l)(B)(2)(b) (2015), and that termination was in the child’s best interest, see 22 M.R.S. § 4055(l)(B)(2)(a). See In re I.S.,

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Bluebook (online)
2016 ME 2, 130 A.3d 389, 2016 Me. LEXIS 3, 2016 WL 121925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gt-me-2016.