112 A.3d 369
Me.2015Background
- DHHS removed J.B. (7) and A.B. (5) due to immediate risk from mother and her boyfriend; father, then incarcerated in Arizona, was initially unavailable.
- Counsel was appointed for the father at removal, after locating him in prison; meaningful contact with children had not occurred for over five years.
- Jeopardy was found on October 29, 2013 due to the father’s abandonment for more than six months.
- DHHS filed a petition for termination of parental rights on February 6, 2014; father was served May 14, 2014 while incarcerated.
- Termination hearing occurred June 26, 2014; father participated by telephone; court terminated rights on July 3, 2014 for abandonment and failure to reunify; father appeals the denial of his continuance request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying a continuance | Han argues denial harmed counsel preparation | Department contends no abuse; continuance not warranted | No abuse of discretion |
| Whether denial affected father's right to counsel | Continued lack of time to confer violated § 4005(2) | Court provided telephonic conferences and participation | Right to counsel was not violated |
Key Cases Cited
- In re Trever I., 2009 ME 59 (Me. 2009) (continuance standard and abuse of discretion applied in termination proceedings)
- In re Frederick P., 2001 ME 138 (Me. 2001) (continuance framework for termination matters)
- In re A.M., 2012 ME 118 (Me. 2012) (due process considerations in termination hearings)