In Re Michaela C.

2002 ME 159, 809 A.2d 1245, 2002 Me. LEXIS 183
CourtSupreme Judicial Court of Maine
DecidedOctober 22, 2002
StatusPublished
Cited by36 cases

This text of 2002 ME 159 (In Re Michaela C.) 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 Michaela C., 2002 ME 159, 809 A.2d 1245, 2002 Me. LEXIS 183 (Me. 2002).

Opinions

CLIFFORD, J.

[¶ 1] The mother of Michaela C. appeals from the judgment of the District Court (Augusta, Westcott, J.) terminating her parental rights to her daughter pursuant to 22 M.R.S.A. § 4055 (1992 & Supp.2001).1 The mother challenges, inter alia, the trial court’s exclusion of certain medical evidence and the sufficiency of the evidence. We affirm the judgment.

[¶ 2] Michaela was born in February of 1997. She was diagnosed with cystic fibrosis at the age of seven months. She was hospitalized at Maine Medical Center twice in 1998 for, among other things, malnourishment and failure to thrive. During her second hospitalization, in November of 1998, the Department of Human Services sought, and the court (Vafiades, J.) granted, an ex parte preliminary protection order. An agreed on preliminary protection order followed {Perry, J.), giving the Department custody of Michaela. When she was released from the hospital, the Department placed Michaela with her paternal grandmother.2

[¶ 3] At the jeopardy hearing in January of 1999, the mother agreed to an order finding that Michaela was in circumstances of jeopardy to her health and welfare. The stipulated order entered by the court {Vafiades, J.) stated that:

Jeopardy exists because Michaela ... has a serious [eatingj/feeding disorder which complicate^] her cystic fibrosis and failure to thrive diagnosis. If not properly treated and managed these present a serious risk to her health. [The mother] ... has in the past failed [1248]*1248to appreciate the seriousness and complexity of the problem, thus creating jeopardy for the minor child. [The mother] ... is now working to resolve these issues, but is not yet at the point where jeopardy has been alleviated.

[¶ 4] The order provided for continued placement of Michaela with the paternal grandmother. The mother was ordered to follow a reunification/rehabilitation plan that included individual counseling and other services, and to establish independence from her mother. The mother was allowed regular, unsupervised visitation with Michaela, but was ordered “not to provide Michaela with candy, snacks, drinks or meals.”

[¶ 5] After hearing testimony at a judicial review hearing, the court (French, J.) found that during unsupervised visits the mother had fed Michaela in violation of the jeopardy order, and ordered that future visits be supervised. The Department and the mother agreed that Michaela would be referred to an in-patient feeding program at the Kennedy Krieger Institute in Baltimore. Michaela was a patient at Kennedy Krieger for several weeks in early 2000 and then returned to placement with her paternal grandmother, who had been trained at Kennedy Krieger in the detailed feeding program developed there for Mi-chaela.

[¶ 6] In April of 2000, the mother filed a motion for an independent medical examination of Michaela by Dr. William Boyle of the New Hampshire Cystic Fibrosis Clinic. The court {French, J.) granted the mother’s motion, stating that “[t]he issue of jeopardy shall not be relitigated” at the termination hearing but that “[f]or the limited purposes of reviewing the matter, and if necessary, developing a permanency plan, expert [medical] testimony will be considered.”

[¶ 7] Throughout the proceedings confidential information was repeatedly disclosed to the media. At the first hearing in November of 1998, the court {Perry, J.) orally cautioned the parties and others present in court, including Michaela’s maternal grandmother, that by statute the proceedings were confidential and were not to be discussed with the press. Notwithstanding this admonition, the maternal grandmother repeatedly spoke to the press and disseminated confidential information concerning the case to the Kenne-bec Journal and other media outlets, to the extent that on one occasion Michaela saw herself on the television news and asked about it. It does not appear that the mother was the instigator of this disclosure, but she tolerated it and to some degree cooperated in it. In July of 2000, the court {Worth, J.) granted the Department’s motion to allow it to disclose information to counter the inaccurate picture given to the press by the mother and the maternal grandmother. The court (Worth, J.) subsequently denied a motion by the mother for relief from the “gag order.”

[¶ 8] The Department’s petition for termination of the mother’s parental rights was heard over four days between October of 2000 and January of 2001. One major focus of the evidence was the mother’s ineffectual attempts to comply with the rehabilitation goals established at the time of the jeopardy order. A psychologist who evaluated the mother in January of 1999 testified that she needed long-term, motivated treatment. He diagnosed her as having a personality disorder with passive dependent features, leading to her difficulty in focusing on Michaela’s needs and in providing a structured response to Michae-la’s problems. Two counselors testified that the mother had discontinued therapy with them and had made little progress; she did not think she had anything to work on; she wanted independence from her [1249]*1249own mother but was unwilling to do anything about it, so that her mother continued to dominate her; she was shown to be unable to feed Michaela or to give her physical therapy without becoming overly emotional; and she continued to live an immature lifestyle, as evidenced in the past by her associations with abusive men and staying out late so that she was frequently tired and slept through or forgot appointments.

[¶ 9] There was testimony from numerous other witnesses that Michaela’s mother continues to be dominated by her own mother, Michaela’s maternal grandmother, and is unable to live on her own or make decisions concerning Michaela without her mother’s interference. The maternal grandmother suffers from serious psychological problems of her own, has disrupted visitations in the past, has repeatedly given confidential information concerning the child protective proceedings to the media, has given Michaela chocolate milk during a visit in violation of medical instructions, and has disagreed with the opinions of Michaela’s doctors.

[¶ 10] Other witnesses testified that a strong bond exists between the mother and Michaela, and that after the disruptive maternal grandmother was excluded from the visits between the mother and Michae-la, those visits were affectionate and appropriate.

[¶ 11] The paternal grandmother testified that she wants to adopt Michaela, and that if allowed to adopt her she would permit the mother to visit with Michaela. She described her stable, well-organized home life with Michaela and explained the detailed feeding regimen that she had been trained in at Kennedy Krieger and the positive results this has had for Mi-chaela’s eating.3

[¶ 12] Eileen Johnson, L.C.S.W., who performed a “best interest evaluation” for the Department, concluded that termination is in Michaela’s best interest because the paternal grandmother, who Mi-chaela spends most of her time with, is Michaela’s “primary attachment figure.” The guardian ad litem concluded that termination of the mother’s parental rights was not in Michaela’s best interest because of the bond between Michaela and the mother.

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Cite This Page — Counsel Stack

Bluebook (online)
2002 ME 159, 809 A.2d 1245, 2002 Me. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michaela-c-me-2002.