In re Anastasia M.
172 A.3d 922
| Me. | 2017Background
- Mother’s parental rights to Anastasia M. were terminated by the District Court under 22 M.R.S. § 4055(1)(A)(1)(a) and (B)(2)(a),(b)(i)-(ii); mother appealed challenging parental unfitness and best-interest findings.
- Court found by clear and convincing evidence that the mother was unwilling or unable to protect Anastasia from jeopardy in a timeframe necessary to meet the child’s needs and unable/unwilling to assume responsibility timely.
- Key factual findings: ongoing alcohol use with positive tests in Jan., June, Sept. 2016; diagnosed moderate cannabis use disorder and continued marijuana use despite treatment recommendations.
- Court found unresolved domestic violence risk: mother had repeated involvement in abusive relationships, inconsistent reports about contact with the child’s father, and lacked skills/boundaries to keep abusive persons away.
- DHHS made reasonable reunification efforts (service referrals, visitation, transportation, family team meetings), but child had been out of parental care for 20 months and was well-bonded to long-term foster family.
- Trial court concluded neither parent could rectify risks within a timeframe necessary for a two-year-old; termination with adoption as permanency plan was in the child’s best interest. Father’s rights were also terminated for abandonment but he did not participate in the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported finding mother unfit (unable/unwilling to protect child and assume responsibility within required timeframe) | Mother argued evidence was insufficient to prove unfitness | State/Court argued clear-and-convincing evidence showed ongoing substance misuse and unresolved domestic violence risks preventing timely reunification | Court held evidence supported unfitness finding; not clearly erroneous |
| Whether termination was in child’s best interest | Mother argued termination was not in Anastasia’s best interest given efforts and potential for improvement | State/Court argued prolonged out-of-home placement (20 months), child’s bonding with foster family, and uncertain parental progress made termination necessary | Court held termination with adoption plan was in child’s best interest; no abuse of discretion |
| Whether DHHS made reasonable reunification efforts | Mother likely asserted insufficiency or that more time/services should have been provided | DHHS showed it provided referrals, transportation, visitation, and team meetings | Court found DHHS used reasonable efforts to reunify |
| Whether delay tied to domestic violence dynamics precluded reunification in timely manner | Mother argued she understood issues and could resolve them | Court found mother minimized substance abuse and lacked skills/boundaries; domestic violence dynamics and her conduct caused fatal delay | Court credited domestic violence dynamics and mother’s conduct as preventing reunification within child’s necessary timeframe |
Key Cases Cited
- In re Logan M., 155 A.3d 430 (Me. 2017) (standard of review for factual findings in parental termination cases)
- In re Caleb A.T., 159 A.3d 345 (Me. 2017) (review deference to trial court’s best-interest determination)
- In re Thomas H., 889 A.2d 297 (Me. 2005) (standards governing termination and best-interest analysis)