In Re Natasha S.

2008 ME 54, 943 A.2d 602, 2008 Me. 54, 2008 Me. LEXIS 59
CourtSupreme Judicial Court of Maine
DecidedMarch 20, 2008
StatusPublished
Cited by5 cases

This text of 2008 ME 54 (In Re Natasha S.) 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 Natasha S., 2008 ME 54, 943 A.2d 602, 2008 Me. 54, 2008 Me. LEXIS 59 (Me. 2008).

Opinions

SILVER, J.

[¶ 1] The adoptive mother of Natasha S. appeals from a judgment entered by the District Court (Fort Kent, Daigle, J.) terminating her parental rights pursuant to 22 M.R.S. § 4055 (2007). The adoptive mother contends that the court erred in admitting the Interstate Compact on Placement of Children (ICPC) home study for purposes other than showing compliance with the ICPC. We agree that the court erred in admitting the ICPC study for purposes beyond those permitted by statute, and we therefore must vacate the court’s judgment and remand for further proceedings.1

I. BACKGROUND

[¶2] Janice S. is the maternal grandmother and adoptive mother of Natasha and lives in Boston, Massachusetts. Natasha is a ten-year-old girl with multiple mental health diagnoses, including post-traumatic stress disorder, oppositional defiant disorder, reactive attachment disorder, and attention deficit hyperactivity disorder, combined type. Natasha’s biological mother had serious, untreated substance abuse issues, and Janice adopted Natasha in September 2000 after her biological mother’s parental rights were terminated.

[¶ 3] In October 2002, Janice brought Natasha to an emergency services team for a medical evaluation because of Natasha’s disturbing behaviors. Natasha had reportedly exhibited cruel behavior toward animals and had also been smearing feces, eating food from the trash bin, stealing [604]*604other children’s lunches in school, and hoarding food in her room. Natasha’s deteriorating behaviors prompted Janice to send Natasha to live in Maine with her biological mother. Janice made this decision because she believed the biological mother was no longer abusing substances so she felt that the biological mother deserved a chance to take care of and raise Natasha.

[¶ 4] The biological mother brought Natasha to a child psychiatric unit at Northern Maine Medical Center in August 2004, after she found Natasha trying to hang a kitten. In the process of examining Natasha, the medical staff discovered significant bruising on Natasha. Natasha said her biological mother caused the bruising by hitting her with a belt.

[¶ 5] In November 2004, the District Court found that Natasha would be in circumstances of jeopardy if left in Janice’s care. By agreement of the parties, jeopardy was adjudicated as “threat of failure to protect, due to allowing her child to return to her biological mother’s care where the child was subsequently physically abused.” The Maine Department of Health and Human Services assumed custody of Natasha. For the purposes of reunification, the court ordered Janice to “participate in counseling with Natasha, sign all releases, and participate in visitation with her daughter up to twice a month.”

[¶ 6] During the next two years, four uncontested judicial review hearings were held. In all four review orders, the court reaffirmed the placement of Natasha in the Department’s custody and found that the Department had made reasonable efforts to reunify and rehabilitate the family. With regard to Janice’s compliance with the case plan, the court found on the first three judicial reviews that her compliance was “good,” but on the fourth found that her compliance had been “fair.” In the judicial review order generated with the termination order, the court found that her compliance was “unacceptable.”

[¶ 7] On May 10, 2006, the Department filed a petition to terminate Janice’s parental rights. The Department alleged that Janice had not demonstrated that she had gained the skills necessary to effectively parent Natasha on a daily basis and that she continued to have difficulty understanding the scope of Natasha’s disabilities. The Department also alleged that Natasha’s significant behavioral and emotional deficits required that she be placed in a permanent and stable living environment where all of her needs could be managed appropriately.

[¶ 8] At the hearing on the termination petition, the Department offered an Interstate Compact on the Placement of Children home study report from the State of Massachusetts as an exhibit.2 Janice objected to the offer on the ground that, pursuant to 22 M.R.S. § 4007(4) (2006),3 it [605]*605was inadmissible for any purpose other than to show compliance with the ICPC. The court admitted the exhibit over Janice’s objection.

[¶ 9] Termination of parental rights was not strongly advocated by the guardian ad litem, the social worker, or the therapist. The guardian reluctantly supported the petition for termination:

This reluctance is due to the affection that Natasha has for Janice ... There is a bond between them. I believe Janice ... has Natasha’s best interests at heart and that she believes she can manage Natasha’s needs as well as her own. History, and the ongoing needs of Natasha strongly suggest that she will not be able to do so....

[¶ 10] The social worker observed that Natasha “is developing a more secure attachment with [Janice] and that to interrupt that in a total way would be ... [contrary to her interests],” “that [termination] could be significantly traumatic,” and that it would “have greater deleterious effect tha[n][he] may ... even be able to predict.” The therapist expressed concern for Janice’s ability to independently apply skills of parenting to her home setting if Natasha returned to her custody. Yet, rather than endorsing termination, the therapist encouraged “[appropriate ongoing (preferably wrap-around) service supports,” and “at least extended and comprehensively planned home-based services.”

[¶ 11] After a one-day hearing, the court entered an order terminating Janice’s rights to Natasha. The court found that (1) Janice is unwilling or unable to protect Natasha from jeopardy and the circumstances are unlikely to change within a time frame reasonably calculated to meet Natasha’s needs, and (2) termination of Janice’s parental rights is in the best interest of Natasha so that she may be made available for adoption and permanency placement.

[¶ 12] Janice filed this timely appeal, challenging the court’s admission of the ICPC home study for purposes other than showing compliance with the ICPC.

II. DISCUSSION

A. Standard of Review

[¶ 13] We have not previously had the opportunity to address the admissibility of a home study report generated pursuant to the ICPC. Whether the substance of the home study report is admissible in evidence pursuant to 22 M.R.S. § 4007(4) is a question of law that we review de novo. See In re Scott S., 2001 ME 114, ¶ 10, 775 A.2d 1144, 1148. “In construing a statute, we first look to the plain meaning of the statutory language to give effect to legislative intent; only if the meaning of the statute is unclear will we examine other indicia of legislative intent.” State v. Moulton, 1997 ME 228, ¶ 14, 704 A.2d 361, 365. The relevant statutory language provides: “a report submitted pursuant to the compact is admissible in evidence for purposes of indicating compliance with the compact and the court may rely on evidence to the extent of its probative value.” 22 M.R.S. § 4007(4) (emphasis added.)

[¶ 14] The issue is whether the italicized language provides for the admissibility of evidence contained in the report that goes beyond the issue of compliance with the ICPC.

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

Related

In the Interest of J.C., Minor Child
Court of Appeals of Iowa, 2018
Matthew W. Pitts v. Amanda M. Moore
2014 ME 59 (Supreme Judicial Court of Maine, 2014)
In re A.M.
2012 ME 118 (Supreme Judicial Court of Maine, 2012)
In Re Soriah B.
2010 ME 130 (Supreme Judicial Court of Maine, 2010)
In Re Natasha S.
2008 ME 54 (Supreme Judicial Court of Maine, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2008 ME 54, 943 A.2d 602, 2008 Me. 54, 2008 Me. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-natasha-s-me-2008.