In re I.S.
121 A.3d 105
| Me. | 2015Background
- The Maine District Court terminated the father’s parental rights under 22 M.R.S. § 4055 based on unfitness and risk to the child.
- The child has significant medical needs and has thrived in a stable foster home since January 2013.
- The father has a long history of mental health issues, including suicidal ideation and self-harm, affecting parenting capacity.
- DHHS pursued reunification services through a two-day hearing in September 2014 before the termination.
- The court found the father unable to meet the child’s developmental and medical needs within a reasonable time and unable to protect her from jeopardy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination violated equal protection or due process | Father—equal protection/due process claim | Department—no constitutional violation | No due process/equal protection violation shown |
| Whether evidence tied mental health to parenting ability | Father asserts no link between diagnosis and parenting | Court found evidence linking mental health to parenting ability | Evidence supports connection to parenting capacity |
| Whether the court shifted the burden of proof | Burden improperly shifted to father | Court acknowledged Department’s burden and imposed clear and convincing proof | No improper burden-shifting |
| Whether reunification timeframe was reasonable given delays in paternity identification | Timeframe failed reunification expectations | Delay acknowledged; still reunification not feasible | Timeline reasonable under statutes and evidence |
| Whether termination was supported by best interests and statutory grounds | Termination supported by unfitness and best interests | Termination not against best interests given child’s needs | Termination affirmed on grounds of unfitness and best interests |
Key Cases Cited
- In re A.M., 2012 ME 118 (Me. 2012) (due process and factual sufficiency principles for TPR)
- In re Jamara R., 2005 ME 45 (Me. 2005) (standards for reunification and parental fitness)
- In re Scott S., 2001 ME 114 (Me. 2001) (burden of proof in TPR proceedings)
- In re Jazmine L., 2004 ME 125 (Me. 2004) (integration of parenting deficits with child needs)
- In re Kayla M., 2001 ME 166 (Me. 2001) (credibility and weight of evidence in TPR)
- State v. Bennett, 2015 ME 46 (Me. 2015) (equal protection analysis in TPR context)