113 A.3d 1098
Me.2015Background
- Child born prematurely Oct 12, 2012; spent 6 weeks in NICU and then went home with parents.
- On Dec 31, 2012 the mother noticed bruises on the child’s feet after leaving him with the father; pediatrician reported suspected abuse to DHHS; Spurwink concluded bruises likely from inappropriate squeezing.
- DHHS removed the child Jan 3, 2013; a jeopardy order was entered Feb 8, 2013 due to risk of further significant injury.
- Parents worked a reunification plan and the child was returned on trial placement Aug 9, 2013; in September 2013 the child had facial bruises consistent with a high-velocity injury (likely a slap) per Spurwink.
- Parents delayed medical care and concealed the facial bruises; mother repeatedly credited the father’s explanations and did not report or protect the child; DHHS removed the child again and filed to terminate parental rights.
- At the TPR hearing the child was placed with maternal grandmother (stable placement, willing to adopt); court terminated mother’s rights under 22 M.R.S. § 4055(1)(B)(2) and mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports finding mother unfit/unwilling to protect child | Mother: evidence insufficient to show she was unwilling or unable to protect the child | DHHS: mother ignored sentinel injuries, concealed them, prioritized relationship over child’s safety | Court: Clear-and-convincing evidence supports finding mother unwilling/unable to protect; not likely to change in time to meet child’s needs |
| Whether termination is in child’s best interest | Mother: termination is not necessary; child’s placement with grandmother not dispositive | DHHS: stable placement with grandmother and mother’s failure to protect justify termination | Court: No abuse of discretion—termination is in child’s best interest given stability and mother’s conduct |
Key Cases Cited
- In re Higera N., 2 A.3d 265 (Me. 2010) (standard for reviewing trial court findings)
- In re H.C., 82 A.3d 80 (Me. 2013) (review of factual findings for clear error in TPR cases)
- In re A.H., 77 A.3d 1012 (Me. 2013) (best-interest determination reviewed for abuse of discretion)
- In re M.S., 90 A.3d 443 (Me. 2014) (deference to trial court findings supported by competent evidence)