In re J.R. Jr., 69 A.3d 406

J.R. Jr. born April 4, 2011; DHHS took custody after a preliminary protective order; siblings in DHHS custody since 2010; parents have a chaotic, abusive relationship with substance issues; jeopardy orders issued for both parents after hearings; termination petition filed April 10, 2012 seeking to end parental rights due to risk and failure to reunify.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in finding the father unfit	Father argues lack of fit due to conduct not addressed by rehab	Court should consider progress and placement issues	There was ample evidence supporting unfitness bases
Whether the best interests finding was legally and factually supported	Best interests favored keeping J.R. Jr. with foster/adoptive placement	Record shows permanency with kin or foster care is best	Best interests supported by clear and convincing evidence; no abuse of discretion
Whether the trial judge properly denied the motion to recuse	Judge biased due to prior involvement with father	Judge able to be impartial; recusal not warranted	No abuse of discretion; judge adequately determined impartiality and denied recusal
Whether the motion to withdraw counsel was properly denied	Attorney withdrew due to bar complaint; withdrawal needed	Court conducted thorough inquiry; withdrawal denied as delay tactic	No abuse of discretion; court properly denied withdrawal after inquiry

In re Marcus S., 2007 ME 24 (Me. 2007) (sufficiency of evidence to support termination findings)
In re Higera N., 2010 ME 77 (Me. 2010) (rehabilitation unmet does not preclude unfitness findings)
In re Doris G., 2006 ME 142 (Me. 2006) (department's failure to fully reunify does not bar termination)
In re Jacob B., 2008 ME 168 (Me. 2008) (best interest factors can combine to support termination)
In re Michael M., 2000 ME 204 (Me. 2000) (recusal discretion; avoid delay without basis)
State v. Murphy, 2010 ME 140 (Me. 2010) (recusal considerations in contentious proceedings)
State v. Dunbar, 2008 ME 182 (Me. 2008) (abuse of discretion standard for withdrawal of counsel)