In Re Misty Lee H.

529 A.2d 331, 1987 Me. LEXIS 785
CourtSupreme Judicial Court of Maine
DecidedAugust 6, 1987
StatusPublished
Cited by21 cases

This text of 529 A.2d 331 (In Re Misty Lee 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 Misty Lee H., 529 A.2d 331, 1987 Me. LEXIS 785 (Me. 1987).

Opinions

CLIFFORD, Justice.

Lori P., the mother of Misty Lee H. and Jessica H., pursuant to 22 M.R.S.A. § 4006 (Supp.1986) appeals from a judgment of the District Court, Farmington, terminating her parental rights pursuant to 22 M.R.S.A. § 4055 (Supp.1986). On appeal, she contends that the District Court erred in concluding that there was clear and convincing evidence supporting termination. In particular, she argues that the record does not sufficiently support the court’s finding that termination is in the best interests of the children, section 4055(l)(B)(2)(a). She further contends that the record does not support the court’s alternative findings that she is unwilling or unable to protect the children from jeopardy and that those circumstances are unlikely to change within a time reasonably calculated to meet the children’s needs, section 4055(l)(B)(2)(b)(i), and that she failed to make a good faith effort to rehabilitate and reunify with the children pursuant to section 4041, section 4055-(l)(B)(2)(b)(iv). We conclude that there was clear and convincing evidence in the record to support the District Court’s findings, and therefore affirm the judgment.

I.

On June 24, 1986, the Department of Human Services (Department) filed a petition for termination of Lori’s parental rights pursuant to 22 M.R.S.A. § 4055 (Supp.1986). At a hearing on the petition, the District Court heard substantial evidence showing that Lori, who gave birth to Misty and Jessica while a teenager, was prone to violent behavior, had severe emotional problems and lacked basic parenting skills, resulting in her children’s (particularly Misty’s) physical and emotional neglect while in Lori’s custody. Among the evidence presented concerning Lori’s violent outbursts and emotional instability, the District Court heard testimony regarding an incident on April 22, 1985, following an argument with her boyfriend, John G., in which Lori, in the presence of the children, threw a television set out the door of her home, punched her boyfriend and a neighbor, broke several windows in her car and slashed the car’s tires. Lori was charged with assault and later placed on probation for a period of one year. The District Court also heard evidence showing that Lori, who was diagnosed as having a borderline personality disorder, was informed that psychotherapy was crucial to her effective parenting but that she consistently resisted meaningful counseling by her failure to make a good faith effort to address those areas of concern to her psychotherapists, despite her promise to work on these areas in connection with her reunification agreements with the Department. On December 11, 1986, the District Court found by clear and convincing evidence that termination of Lori’s parental rights was in the best interests of the children. The court further determined by clear and convincing evidence that the mother was unwilling or unable to protect the children from jeopardy and that these circumstances were unlikely to change within a time that was reasonably calculated to meet the children’s needs, and that the mother failed to make a good faith effort to rehabilitate and reunify with the children.

II.

We first address whether the District Court erred in finding by clear and convincing evidence that termination was in the best interests of the children, section 4055(l)(B)(2)(a). In reviewing the District [333]*333Court’s findings, we examine the entire record to determine whether that court rationally could have found clear and convincing evidence to support its factual conclusions. In re Chesley B., 499 A.2d 137, 139 (Me.1985). “Where clear and convincing evidence is required, the appropriate standard of appellate review is ‘whether the factfinder could reasonably have been persuaded that the required factual findings [were] proved to be highly probable.' In re John Joseph V., 500 A.2d 628, 629 (Me. 1985), quoting Taylor v. Commissioner of Mental Health, 481 A.2d 139, 153 (Me. 1984) (overruling Homer v. Flynn, 334 A.2d 194 (Me.1975)) (emphasis in original).

The trial judge made the following findings in concluding that termination was in the best interests of both Misty and Jessica:

The court ... finds, by clear and convincing evidence, that termination of parental rights is in the best interest of these children. Expert testimony was presented proving it is critical to the welfare of both youths that a permanent plan for placement be adopted without further delay. Given the family history of violence, and based upon the developmental needs of these children, the court is not disposed to order further reunification efforts by the Department with the mother ...

The District Court judge’s finding on the issue of the best interests of the child is entitled to substantial deference, in that the judge is directly able to evaluate the testimony of the witnesses:

The trial justice who hears and is able to appraise all the testimony of the parties and their experts in social work and child psychology ... exercises a broad discretion, and is charged with a correspondingly weighty responsibility, to determine the particularly sensitive question of a child’s best interests. His judgment, when properly exercised on the basis of the evidence before him, is entitled to very substantial deference_ An appellate court’s independent evaluation of the evidence is especially inappropriate on a delicate issue of this sort.

Cooley v. St. Andre’s Child Placing Agency, 415 A.2d 1084, 1086 (Me.1980) (denial of petition for writ of habeas corpus); see also In re Chesley B., 499 A.2d at 138-39 (“As always, we leave to the trial judge questions of credibility and weight to be given testimony; he alone has had the opportunity to observe the witnesses”).

In reviewing the record, we find evidence of a clear and convincing nature in support of the court’s determination. There is evidence that Misty suffered both physical neglect and emotional harm. Although there was evidence that Jessica had not suffered the same degree of neglect as her sister, the court nevertheless could have considered Jessica’s removal from her mother’s custody at an early age and having spent most of her life in foster care as factors in her improved adjustment and self-confidence, as well as evidence of a return of Jessica’s emotional problems after visits with her natural mother. Finally, there was competent evidence in the record that Lori’s violent behavior, instability, and unwillingness to take responsibility for her own emotional problems resulted in an unsafe and unstable home environment for the children. This evidence, when viewed in the context of the express statutory policy of placing children in a permanent environment where reunification is not possible,1 supports the court’s conclusion of high probability that termination was in the best interests of the children.

III.

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In Re Misty Lee H.
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Bluebook (online)
529 A.2d 331, 1987 Me. LEXIS 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-misty-lee-h-me-1987.