In re J.R. Jr.

2013 ME 58, 69 A.3d 406, 2013 WL 3007296, 2013 Me. LEXIS 58
CourtSupreme Judicial Court of Maine
DecidedJune 18, 2013
DocketDocket Aro-12-411
StatusPublished
Cited by10 cases

This text of 2013 ME 58 (In re J.R. Jr.) 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 J.R. Jr., 2013 ME 58, 69 A.3d 406, 2013 WL 3007296, 2013 Me. LEXIS 58 (Me. 2013).

Opinion

JABAR, J.

[¶ 1] The parents of J.R. Jr. appeal the decision of the District Court (Houlton, O’Mara, J.) terminating their parental rights. The mother challenges the court’s finding regarding the best interest of the child. The father argues that the court erred in finding that he was unfit and abused its discretion in denying his motion to recuse and his attorney’s motion to withdraw. Finding no error or abuse of discretion, we affirm.

I. BACKGROUND

[¶ 2] J.R. Jr. was born on April 4, 2011, and entered the custody of the Department of Health and Human Services the following day, after the court granted a preliminary child protection order. J.R. Jr.’s eleven-month-old sister and the mother’s two children from a previous relationship, ages eight and twelve, had been in the Department’s custody since May 26, *408 2010. 1 The parents have been engaged in an intermittent, chaotic, dysfunctional, and violent relationship. Both parents struggle with substance abuse, and, at the time of his birth, J.R. Jr. displayed symptoms of drug withdrawals. J.R. Jr. and his sister were placed with the father’s sister.

[¶ 3] Both parents agreed to reunification plans requiring them to engage in substance abuse and mental health treatment, submit to random drug tests, and correct their chaotic lifestyle. In addition, the father was required to engage in anger management and a batterers’ intervention program, and the mother was required to attend individual counseling to address domestic violence, her mental health issues, and the emotional needs of her children. A jeopardy hearing was held on June 22, 2011, at which the mother agreed to an order finding that J.R. Jr. was in circumstances of jeopardy while in her care due to the threat of neglect and emotional maltreatment. The father did not appear at the hearing, and the court issued a jeopardy order as to him in his absence.

[¶4] After the jeopardy orders were issued, the mother failed drug screenings, the father failed to appear at a drug screening, and, while in custody at the Aroostook County Jail, the father was found to be in possession of pills for which he did not have a prescription.

[¶ 5] Throughout the proceedings, the mother continued her dysfunctional relationship with the father. She failed to recognize how her actions affected J.R. Jr. and his need for permanency and failed to consistently participate in services required by the reunification plan. She attended self-referred substance-abuse counseling but left an intake interview with a Department-approved substance and mental health counselor after only twenty minutes.

[¶ 6] The father was diagnosed with intermittent explosive disorder, antisocial personality disorder, and conduct disorder, and, after confrontations with staff members, he was terminated from a court-ordered batterers’ intervention program. While the case was pending, the father was convicted of multiple crimes and incarcerated on three separate occasions for periods ranging from three days to over four months. 2 During several supervised visits with his children, the father would engage in abusive and intimidating behavior toward Department caseworkers, prompting the Department to post two supervisors for each visit.

[¶ 7] Although the father made some progress with regard to his mental health and anger issues, he refused to accept responsibility for conduct that resulted in J.R. Jr. being placed in foster care and blamed others for his problems.

[¶ 8] The court found that the father did not have housing, but lives in his van or with friends; the father admitted that he is not presently a suitable placement for J.R. Jr. because he would need to do “a lot more” to be a satisfactory parent.

[¶ 9] On April 10, 2012, the Department filed a petition to terminate parental rights alleging that both parents (1) were unwilling or unable to protect J.R. Jr. from jeopardy and those circumstances were unlikely to change within a time rea *409 sonably calculated to meet his needs; (2) were unwilling or unable to take responsibility for J.R. Jr. -within a time reasonably calculated to meet his needs; and (8) failed to make a good faith effort to reunify with the child. See 22 M.R.S. § 4055(1)(B)(2)(b)(i)-(ii), (iv) (2012).

[¶ 10] On June 14, June 15, and July 9, 2012, the court held a hearing on the petition to terminate parental rights. On June 14, after the parents arrived forty minutes late, the father moved for the trial judge to recuse, arguing that the judge was biased given the number of times the father had appeared before him. Immediately after the court denied the motion to recuse, the father left the courtroom, later claiming that he was sick and required medical attention. The mother indicated that she would not be able to go forward with the hearing on that day. The court continued the hearing until the following morning.

[¶ 11] After a full day of testimony on June 15, the matter was continued until July 9. On July 3, the attorney for the father moved to withdraw, arguing that the attorney-client relationship was irretrievably broken after the father filed a bar complaint against the attorney. Prior to resuming the hearing on July 9, the court asked the father about the basis for the motion. The father indicated that he filed the bar complaint because he felt that the attorney was being “defiant” and was not representing his best interests. Determining that the bar complaint was mer-itless and employed for delay, the court denied the motion to withdraw.

[¶ 12] The court concluded the hearing on July 9. The court found that neither parent had ameliorated the concerns that initiated these proceedings nor had they directed the court to a date by which they might be able to address those concerns. Furthermore, the court found that both parents are unable or unwilling to protect the child from jeopardy or take responsibility for the child within a time reasonably calculated to meet the child’s needs, and both parents failed to make a good faith effort to rehabilitate and reunify with the child. The parents spent the majority of their efforts — both in services and at the hearing on the petition to terminate — arguing that the father’s sister was not a suitable placement for J.R. Jr.

[¶ 13] With regard to the best interest of the child, the court found that J.R. Jr. had been in the care of the father’s sister for his entire life and.is in need of permanency. The record before the court demonstrated that with his aunt, the child was happy and healthy, the Department had no plan to relocate him, and the foster parents were willing to adopt him. Thus, the court found that remaining with the foster family was in the best interest of the child.

[¶ 14] The court entered an order terminating the parental rights of both parents on July 13, 2012. The parents filed a motion for additional findings of fact, which the court granted in part on July 31. Both parents timely appealed.

II. DISCUSSION

[¶ 15] Although the father challenges the court’s finding of unfitness, there is ample evidence in the record supporting all three bases of unfitness. See In re Marcus S.,

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Cite This Page — Counsel Stack

Bluebook (online)
2013 ME 58, 69 A.3d 406, 2013 WL 3007296, 2013 Me. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jr-jr-me-2013.