In re G.W., 86 A.3d 1228

DHHS initiated paternal proceedings in Feb. 2011 after information about G.W.’s paternity; case subject to ongoing child protection matter against mother.
June 2012 court issued jeopardy and cease reunification order due to abandonment; father had not seen child since she was 1 year old.
Termination hearing held Nov. 2, 2012; father claimed Hurricane Sandy prevented attendance but court found he chose not to attend.
Father lived in Fitchburg, MA; transportation issues cited but court determined non-appearance was voluntary.
Child—now four—has been in foster care since Oct. 2009; court found four statutory grounds for termination and that termination is in child’s best interest by clear and convincing evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether due process was violated by denying telephonic participation	Jabar contends denial violated due process	DHHS argues absence was voluntary and proceeding with hearing was proper	No due process violation; discretion proper to proceed without telephone participation.
Whether evidence supports termination and best interests	Jabar asserts record insufficient to prove grounds or best interests	DHHS asserts abandonment proven and termination in child’s best interest	Evidence supports at least one ground for unfitness and termination is in child’s best interest.

In re A.M., 2012 ME 118 (2012) (due process in termination with imperfect attendance; right to be heard; voluntariness of absence considered)
In re Robert S., 2009 ME 18 (2009) (due process and evidentiary hearing requirement in termination proceedings)
In re C.P., 2013 ME 57 (2013) (standards for reviewing termination findings; de novo standard of review for legal questions; substantial evidence standard for facts)
In re J.R., 2013 ME 58 (2013) (clear and convincing evidence standard; best interest determination)
In re M.B., 2013 ME 46 (2013) (prior termination affirmation; relevance to parental rights and permanency)