In re Hope H.

2017 ME 198, 170 A.3d 813
CourtSupreme Judicial Court of Maine
DecidedOctober 5, 2017
DocketDocket: Yor-17-194
StatusPublished

This text of 2017 ME 198 (In re Hope H.) 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 Hope H., 2017 ME 198, 170 A.3d 813 (Me. 2017).

Opinion

PER CURIAM

[¶ 1] The mother and father of Hope H., Jason J., and Kristopher J. appeal from the judgment of the District Court (Springvale, Foster, J.) terminating their parental rights to their twin sons pursuant to 22 M.R.S. § 4055(l)(A)(l)(a), (B)(2)(a), (b)(i)~(ii), (iv)1 (2016). The mother also appeals from the same judgment terminating her parental rights to her daughter pursuant to the same statutory provisions. The parents both challenge the sufficiency of the evidence to support the court’s finding of at least one ground of parental unfitness and the court’s determination that termination of their parental rights was in their children’s best interests. The mother also challenges the court’s, exclusion of the children’s grandmother’s testimony as hearsay.

[¶ 2] Contrary to the parents’ contentions, competent evidence in the record supports the court’s findings that the parents are unwilling or unable to protect the children from jeopardy and otherwise take responsibility, for the children within a time reasonably calculated to meet the children’s needs and that the father has failed to make a good faith effort to rehabilitate and reunify with the children pursuant to 22 M.R.S. § 4041 (2016). The court appropriately exercised its discretion in concluding that termination of their parental rights was in the children’s best interests. Furthermore, the record shows that the court did not abuse its discretion in excluding the grandmother’s proffered testimony regarding “[s]ome of the stories that Hope has made up.” We affirm the judgment.

I. BACKGROUND.

[¶ 3] Clear and convincing evidence in the record supports the court’s findings that the mother and the father are unable or unwilling to take responsibility for the children and protect them- from the risks of harm that have persisted since the court issued the jeopardy .order. 22- M.R.S. § 4055(1) (B

[¶4] The- initial jeopardy order was based upon the parents’

inability to appropriately address their boys’ behavioral challenges and mental health needs; emotional harm due • to [their] inability to obtain and maintain adequate, sanitary and stable housing for [themselves] and the children; and the risk of harm based on the mother’s lack of support around her daughter[’s] ... reports [and the father’s]' sexually inappropriate communications with her.
[[Image here]]
... Jeopardy also consists of a risk of harm to the boys[] based on [the father’s] conduct to their half-sister.

[¶ 5] Until July 2016,' approximately a year and a half after her daughter’s disclosure of the father’s sexually inappropriate communications, the mother maintained that the daughter’s disclosures were-the product of -a delusion and insisted on having her evaluated'for a delusional disorder. Despite her- daughter's consistent statements and medical examinations that ruled out the possibility that her daughter had any disorder, at the termination hearing the mother maintained doubts about the truth of her daughter’s disclosures regarding the father. The father continues to deny that anything happened-, although he acknowledges the court’s finding to the contrary and that his reunification plan requires that he “take responsibility for his actions and how they have impacted his children and their safety and well[-]being.”

[¶ 6] Although in July '2016 the mother claimed that she separated from the father to demonstrate her commitment to getting her children back, the mother remains living with a friend in a one-bedroom apartment in the same building.-as the father. Competent evidence in the record provides the court with a firm basis to find that the parents will not- take responsibility for their children’s needs or protect them from jeopardy. As the court found:

The court is not persuaded that [the mother] and [the father] are truly and finally separated. Certainly, it is not what [the father] wants and [the mother] has not offered a convincing rationale for what prompted her to terminate a ten-year relationship.-As recently as .., October 5, 2016 [the mother] said she needed to talk with [the father] about bringing á special treat for the children. As she was leaving, she told the children, she would give [the father] a hug and a kiss for them. The mechanics of the separation, with the two remaining in the same building but on different floors, underscores .[the mother’s] lack of commitment to the action as well as its unsustainability. [The mother] remains dependent on others, most notably [the father]. She has no employment, no income, and no driver’s license. It is unclear how she is supporting herself but the Court suspects [the father] assists her to a greater degree than he acknowledged at trial.
If the parties are, in fact, still a couple, clearly [the daughter] cannot return to her mother’s care. If the parties are really separated, neither has the ability to manage the behaviors of their sons nor to meet their physical, emotional, behavioral and educational needs. [The father] has engaged in virtually no services designed to assist him to better parent his children; [the mother] has attended services but shows no gains in her ability or insight into her children’s needs.

[¶7] The court relied on the following testimony of the GAL to summarize its analysis of the children’s best interests:

We are talking about this window of opportunity, if you will, where [the children] get to have something, they get to have an education, they get to have some stability, they get to have some reasonable feeling of safety. With all that is unknown about their future in the foster care system it is, at least in my opinion, less unknown as to what then-future would look like if they were to immediately return to their parents. ... It is in the best interests of all. three of the children to free them of the uncertainty of whether they might return to a parent or parents and begin the process of securing appropriate, loving families for adoption.

See 22 M.R.S. § 4055(1)(B)(2)(a), (3).

II. DISCUSSION

[¶ 8] We review the court’s findings of fact on parental unfitness for clear error and its conclusion that termination of parental rights was in the children’s best interests for an abuse of discretion. In re M.B., 2013 ME 46, ¶ 37, 65 A.3d 1260 (‘Where the court finds multiple bases for unfitness, we will affirm if any one of the alternative bases is supported by clear and convincing evidence.”).

[¶ 9] The mother and the father argue that the four months from the time of the jeopardy order to the filing of the petition to terminate their parental rights was an inappropriately expedited time frame and that the court failed to adequately credit their incremental gains toward fulfilling their reunification plans. Despite any progress the parents have made toward reunification, there remain significant deficits in their housing; their acknowledgement and management of the risk that the father could further harm the children; and then-ability to meet the children’s significant emotional and mental health needs.

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

Related

State v. Harrigan
662 A.2d 196 (Supreme Judicial Court of Maine, 1995)
State v. Wells
423 A.2d 221 (Supreme Judicial Court of Maine, 1980)
In Re Jamara R.
2005 ME 45 (Supreme Judicial Court of Maine, 2005)
In Re Alana S.
2002 ME 126 (Supreme Judicial Court of Maine, 2002)
In re M.B.
2013 ME 46 (Supreme Judicial Court of Maine, 2013)
In re I.S.
2015 ME 100 (Supreme Judicial Court of Maine, 2015)
In re B.C.
2012 ME 140 (Supreme Judicial Court of Maine, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
2017 ME 198, 170 A.3d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hope-h-me-2017.