In re P.O.

2015 ME 106, 121 A.3d 814, 2015 Me. LEXIS 116, 2015 WL 4659045
CourtSupreme Judicial Court of Maine
DecidedAugust 6, 2015
DocketDocket Pen-15-14
StatusPublished

This text of 2015 ME 106 (In re P.O.) 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 P.O., 2015 ME 106, 121 A.3d 814, 2015 Me. LEXIS 116, 2015 WL 4659045 (Me. 2015).

Opinion

SAUFLEY, C.J.

[¶ 1] The parents of P.O., J.O., and N.O. appeal from a judgment entered in the District Court (Bangor, Campbell, J.) terminating their parental rights to their three children after the youngest child, N.O., handled her parents’ gun and accidentally shot herself while her mother was at work and her father was in the home. See 22 M.R.S. § 4055(1)(A)(1)(a), (B)(2) (2014). We affirm the judgment.

I. BACKGROUND

[¶ 2] In the fall of 2013, three-year-old N.O. obtained access to a loaded firearm in the family home and suffered a serious gunshot wound while her older siblings, who were five and six years old, were present in the home. In an earlier child protection matter that same year, the parents had been warned by the Department of Health and Human Services of ongoing concerns regarding the safe possession and use of firearms. Nonetheless, on October 30, 2013, the parents left a loaded semiautomatic handgun in reach of the three children. While the mother was at work and the father was doing other things in the home, N.O. got the gun and shot herself in the neck. When the police responded after the gunshot, they found steroids, syringes, and $3,500 in cash in the resi-. dence.

[¶ 3] The Department petitioned for a child protection" order for the three children, and the court granted the Department’s request for a preliminary protection order. The children were placed in the care of their maternal grandparents.

[¶ 4] After the appointment of counsel, the parents each waived the opportunity for a summary preliminary hearing. The court appointed the same guardian ad li-tem who had, earlier in 2013, been appointed in the previous child protection matter involving the family.

[¶ 5] With the agreement of the parents, the court entered a jeopardy order on February 12, 2014. See 22 M.R.S. § 4035 (2014). Jeopardy was based on (1) the circumstances that led to N.O.’s injuries, which persisted despite the Department’s earlier warnings to the parents about the safe use and possession of firearms; (2) the children’s reports that they had witnessed the father’s violence toward their mother and another person; (3) the recovery of needles, steroids, and cash from the home by police; and (4) the children’s observation of needles in the home and awareness of where the needles were kept. Among other things, the order directed the father to participate in a Court Ordered Diagnostic Evaluation (CODE) and anger management counsel *816 ing, and ordered the mother to participate in individual counseling.

[¶ 6] The Department petitioned for termination of the parents’ parental rights in October 2014. The court held a three-day evidentiary hearing and entered its judgment terminating each parent’s parental rights in December 2014. The court found the following facts by clear and convincing evidence, and its findings are supported by competent evidence in the record. See In re K.M., 2015 ME 79, ¶ 9, 118 A.3d 812.

[¶ 7] Although the parents are extremely upset about what happened to N.O., neither has accepted responsibility for then- actions that caused the child’s injuries. The mother claimed that she was the last one in possession of the gun, which she said she moved from the top of the kitchen cabinets to the top of the refrigerator the day before the shooting. The father claimed that he did not see the firearm on the day of the shooting, did not know where it was, and stored it with a clip in the gun but no bullet in the chamber. The parents’ accounts of the events — postulating that an intruder or one of the mother’s family members might have entered the residence and moved the gun — were not credible. As the court found, the mother was likely attempting to cover for the father.

[¶ 8] The father was suspicious, resistant, and uncooperative during his CODE, and he showed no sense of empathy or remorse for what happened to N.O. He blames his wife for the incident and displays a narcissistic interpersonal style that limits his ability to put others’ needs ahead of his own. He presents with a mood disorder and symptoms of an intermittent explosive disorder, with mixed features of paranoid and antisocial personality disorders. He is chronically unstable in managing his emotions and behavior; he overreacts, is aggressive, and has difficulty maintaining impulse control. For instance, the father became agitated and made remarks about getting a gun to protect himself after reviewing reader comments attached to a news article about his daughter’s shooting. The father needs long-term treatment to address personality issues but must first become motivated and committed to change. Even if the father were highly motivated, such treatment could take three to five years.

[¶ 9] The CODE recommendation was for the father to be referred for “acceptance commitment therapy,” but despite reasonable efforts on the Department’s part, it proved difficult to find a qualified therapist in the area who was willing to work with the father. One qualified clinical psychologist refused to engage the father in therapy because of the father’s resistance to taking neutral tests and refusal to recognize that any problem needed to be addressed. Notwithstanding the Department’s reasonable efforts to locate another therapist, no professional could be found who would accept the father for the recommended treatment, and the father’s lack of cooperation has remained unchanged, with his psychological issues going unaddressed.

[¶ 10] Although the father has made some progress, he has not made a good faith effort to cooperate with routine testing for purposes of obtaining proper treatment. Because he has not taken advantage of the opportunities afforded by the Department to address his significant psychological impairment, he remains a danger to the children.

[¶ 11] For her part, the mother has made progress through her cooperation with the Department and her engagement in services for herself and N.O. Nonetheless, she has failed to accept responsibility for the situation that precipitated N.O.’s *817 injuries and has attempted to cover for and defend the father, to the children’s detriment. She denies that there has been any domestic violence despite specific statements made by the children about violence in the home and her agreement to the finding in the jeopardy order that the children had reported the father holding a gun to her head and assaulting another person. The mother denied that the drugs in the house were hers or the father’s, but the children had spoken to others of needles and of the father bringing girls to the bedroom with needles and money. Although the father has exhibited significant untreated psychological issues, the mother says that she believes he is a good husband and father, and that she intends to remain with him.

[¶ 12] The children have been damaged by the parents’ carelessness with the firearms and drugs in the home. N.O.’s life has been permanently altered because the bullet that entered her neck nicked her spinal cord and caused paralysis from the waist down. She has problems with her breathing and speech, has limited use of one arm and one hand, and attends school on a limited basis with her nurse but requires round-the-clock medical care and supervision.

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Related

In Re Denise M.
670 A.2d 390 (Supreme Judicial Court of Maine, 1996)
In re A.H.
2013 ME 85 (Supreme Judicial Court of Maine, 2013)
In re K.M.
2015 ME 79 (Supreme Judicial Court of Maine, 2015)

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Bluebook (online)
2015 ME 106, 121 A.3d 814, 2015 Me. LEXIS 116, 2015 WL 4659045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-po-me-2015.