In Re Kaitlyn P.
12 A.3d 50
| Me. | 2011Background
- Kaitlyn P. and Brooke P., ages seven and four, were placed in DHHS custody due to the mother's dangerous conduct and unstable home life.
- Police found Kaitlyn and Brooke sleeping in the back seat of the mother's car with inoperable brakes; DHHS petitioned for and obtained custody orders.
- Mother has a diagnosed personality disorder and undertook multiple treatment efforts, including DBT, with incomplete participation.
- After fifteen months in care, DHHS filed petitions to terminate the mother's parental rights; trial included discussion of recusal due to prior involvement.
- The court terminated the mother's rights under 22 M.R.S. § 4055(1)(B)(2)(b)(i) after finding the children were jeopardized by the mother's conduct and unable to be protected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was recusal required due to prior involvement? | Mother contends recusal was required. | Judge had disclosed prior involvement; waiver valid; no grounds for recusal. | Waived; no error; no grounds to recuse. |
| Did the trial court commit reversible error by admitting hearsay statements? | Three hearsay statements were improperly admitted. | Any error was harmless given the weight of evidence. | Harmless error; affirm on remaining evidence. |
Key Cases Cited
- MacCormick v. MacCormick, 513 A.2d 266 (Me. 1986) (implicit waiver of recusal if not timely raised)
- DeCambra v. Carson, 953 A.2d 1163 (Me. 2008) (appeal review limited when recusal waived)
- In re William S., 745 A.2d 991 (Me. 2000) (recusal standard depends on absence of bias or prior influence)
- State v. Rameau, 685 A.2d 761 (Me. 1996) (prior trial participation does not alone compel disqualification)
- Wood v. Wood, 602 A.2d 672 (Me. 1992) (mere possibility of bias from prior testimony is insufficient)