In re E.A.
2015 ME 37
| Me. | 2015Background
- 2014 jeopardy order found risk to twins and aggravating factors; parents appeal.
- Historical 2003 death of adopted son: father battered him with a wooden spoon; mother reports (and later asserts) seizures.
- Son died Feb 15, 2003 from cranio-cervical trauma; medical examiner ruled homicide.
- 2005 mother convicted of manslaughter; Dr. Ricci testified injuries were consistent with inflicted trauma; father convicted of assault; convictions affirmed.
- May 2013–Feb 2014 twins born prematurely; vaccination refusals; court ordered vaccinations in Feb 2014; twins later healthy.
- Judgment found father’s and mother’s lack of admission/remorse as basis for jeopardy; court admitted autopsy/investigative documents with certificates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of jeopardy findings for both parents | A. mother and father failed to acknowledge wrongdoing and pose continued risk. | B. parents contest factual basis and argue no prospective jeopardy. | Jeopardy supported for both parents. |
| Aggravating factors for the father | Father’s assault causing serious bodily injury fits §4002(1-B)(B)(5) and related abuse. | Conviction concerned bodily injury, not ‘serious bodily injury.’ | Court validly applied aggravating factors; also supported by §4002(1-B)(A)(1). |
| Admissibility of autopsy/investigative documents and Confrontation Clause implications | Documents are admissible under certificates; Confrontation Clause not applicable in civil proceedings. | Documents are hearsay and violate confrontation rights. | Court did not abuse discretion; Confrontation Clause not applicable in civil child protection proceedings; certificates admissible. |
| Effect of past conduct on future risk in jeopardy analysis | Historical abuse informs prospective jeopardy and future danger. | Past conduct should not control; focus on current risk. | Past pattern of abuse relevant; supports finding of prospective jeopardy. |
Key Cases Cited
- In re M.E., 2014 ME 98 (Me. 2014) (jeopardy review; retrospective evidence considered for future risk)
- In re Ashley S., 2000 ME 212 (Me. 2000) (statutory interpretation; aggravating-factor analysis)
- In re Jo-Nell C., 493 A.2d 1053 (Me. 1985) (noncriminal civil child-protection due process considerations)
- State v. Allen, 892 A.2d 447 (Me. 2006) (affirmation of prior convictions in related proceedings)
- State v. Allen, 892 A.2d 456 (Me. 2006) (second related affirmance; sentencing context)
- Covell v. Dep’t of Soc. Servs., 791 N.E.2d 877 (Mass. 2003) (Confrontation Clause considerations in civil proceedings)