223 A.3d 468
Me.2020Background
- Mother and stepfather filed petitions in Kennebec County Probate Court to adopt two children; mother filed petitions to terminate the biological father’s parental rights so the stepfather could adopt.\
- Older child (b. 2006) is developmentally disabled; younger child (b. 2009) has genetic and behavioral disorders and requires one-on-one supervision; both have IEPs and lifelong special needs.\
- Father’s contact declined beginning in 2015; no in-person contact since July 2016 and no communication since May 2018; father moved to Florida in Dec. 2016 and owes over $30,000 in child support.\
- Trial court found mother impeded contact but concluded father nevertheless made no legal effort to enforce contact or to engage with children’s schools/medical providers; stepfather has been the primary, consistent caregiver.\
- Probate Court terminated father’s parental rights after a one-day hearing, concluding by clear and convincing evidence that father was unwilling or unable to take responsibility within a time reasonably calculated to meet the children’s needs and that termination was in the children’s best interests. Father appealed.\
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of parental unfitness and best interests | Father: record lacks clear-and-convincing proof he was unfit or that termination served children’s best interests | Mother/stepfather: father’s long absence, failure to enforce rights, lack of involvement with providers, and children’s special needs made termination highly probable | Court: Affirmed — competent evidence supported findings of unfitness and best interests; no clear error or abuse of discretion |
| Sequence of findings (fitness before best-interest analysis) | Father: court erred by announcing best-interest finding before fitness finding | Mother/stepfather: court understood legal sequence and made all required findings despite word order in judgment | Court: No obvious error; record shows court applied correct sequence and standards |
| Whether an open adoption (preserving father's rights) was a lawful option | Father: probate court could have approved adoption without terminating his parental rights (three legal parents or an open adoption) | Mother/stepfather: Adoption Act requires consent of all living parents or termination under Title 22; Probate Court lacks statutory authority to adopt over an unconsenting living parent unless that parent’s rights are terminated | Court: Father’s theory misunderstands the Adoption Act; Probate Court could not lawfully grant adoption without terminating father’s rights or obtaining his consent |
| Necessity of termination to enable adoption | Father: termination was unnecessary because adoption could proceed without terminating his rights | Mother/stepfather: Termination was necessary because adoption statutes require parental consent unless rights are terminated | Court: Affirmed that termination was necessary under controlling statutes and within Probate Court’s limited jurisdiction |
Key Cases Cited
- Adoption of Isabelle T., 175 A.3d 639 (Me. 2017) (parental liberty interest; clear-and-convincing unfitness standard and two-step analysis)\
- Adoption of Shayleigh S., 198 A.3d 791 (Me. 2018) (standard for reviewing fitness and best-interest findings)\
- Guardianship of Ard, 154 A.3d 609 (Me. 2017) (assumption of necessary fact findings when no Rule 52 motion filed)\
- Adoption of Hali D., 974 A.2d 916 (Me. 2009) (parental-rights termination precedents)\
- In re Michelle W., 777 A.2d 283 (Me. 2001) (due-process constraints on termination procedure and sequencing)\
- In re Joshua B., 776 A.2d 1240 (Me. 2001) (standard for obvious error review on appeal)\
- In re Melanie S., 712 A.2d 1036 (Me. 1998) (Probate Court jurisdiction over adoption petitions)\
- Marin v. Marin, 797 A.2d 1265 (Me. 2002) (Probate Court is a court of limited jurisdiction)\
- Bonner v. Emerson, 105 A.3d 1023 (Me. 2014) (review of a trial court’s determination of its authority is de novo)