120 A.3d 119
Me.2015Background
- Mother suffers from significant mental illness; a guardian ad litem was appointed due to concerns about her capacity.
- DHHS initiated child protection proceedings in 2012 after I.R. was born two months premature.
- Mother had little contact with the child during hospitalization and failed to understand the child’s needs.
- Mother did not engage in reunification services or consistent visitation; no real relationship with the child.
- DHHS petitioned to terminate parental rights in 2014 citing untreated mental health issues, lack of care, instability, and failure to rehabilitate; court heard and mother stipulated to issues.
- Court found grounds to terminate under 22 M.R.S. § 4055(1)(B)(2) and concluded termination was in the child’s best interests; child has chronic medical needs and is in foster care with adoption intent by foster family.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to terminate parental rights | Mills argues evidence insufficient to prove unfitness | Mills argues court should consider capacity with support | Evidence sufficient; termination affirmed |
Key Cases Cited
- In re M.S., 2014 ME 54 (2014 ME 54) (clear and convincing standard; termination proceedings)