In re Child of Shayla S., 207 A.3d 1207

Child placed with the Department two days after birth; preliminary protection order and jeopardy finding entered after hearings in 2016–2017.
DHHS petitioned to terminate mother Shayla S.’s parental rights in February 2018.
At the August 2018 termination hearing, the court found by clear and convincing evidence that the mother was unwilling or unable to protect or take responsibility for the child, had not made good-faith efforts to rehabilitate, and that the child’s needs would not be met within a reasonable time.
Court findings emphasized the mother’s long history of serious mental-health issues, impulsive and assaultive behavior, noncompliance with medication/therapy, conflictual interactions with caregivers and caseworkers, and posting false allegations on social media.
The child had spent nearly the entire first two years in foster care, was settled in the foster home, and the guardian ad litem supported termination and adoption.
The District Court terminated parental rights under 22 M.R.S. § 4055(1)(B)(2)(a),(b)(i)-(ii),(iv); mother appealed, challenging the constitutional adequacy of the burden of proof.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutional adequacy of burden of proof for terminating parental rights	Shayla S. contends due process requires proof beyond a reasonable doubt	DHHS contends the statutory clear-and-convincing standard satisfies due process	Court held clear and convincing evidence is constitutionally sufficient and affirmed termination

Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (clear-and-convincing standard satisfies due process in termination proceedings)
In re Crystal S., 483 A.2d 1210 (Me. 1984) (Maine precedent upholding clear-and-convincing standard)
Guardianship of Chamberlain, 118 A.3d 229 (Me. 2015) (recognizing Maine Legislature’s adoption of clear-and-convincing standard)
Adoption of Isabelle T., 175 A.3d 639 (Me. 2017) (reaffirming due process requires clear-and-convincing findings of unfitness)