165 A.3d 340
Me.2017Background
- In October 2014 DHHS obtained custody of Kayleigh P. and Mikaela P. after finding neglect and general mistreatment while the children were with their mother; the children were placed in foster care and remained there over two years later.
- The father had not seen the children since January 2014; DHHS explored placement with him and his partner but the father could not assume primary care.
- The children’s visits with the father were supervised; supervisors described the father’s parenting during visits as "average" and noted limited empathy.
- After an earlier termination petition was withdrawn, DHHS implemented a detailed reunification plan; the father failed to attend medical appointments reliably, did not use a parenting coach, and did not engage meaningfully in recommended mental health treatment.
- The children have significant emotional and medical needs but improved substantially in foster care with long-term counseling and in‑home services; the GAL recommended termination based on the father’s inability to meet the children’s high needs and the need for permanency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing evidence supports finding the father unfit under 22 M.R.S. § 4055(1)(B)(2) (failure to protect/assume responsibility within a reasonable time) | Father contends evidence does not support factual findings of unfitness | DHHS contends father failed to remedy parenting, mental health, and engagement deficits within a time to meet children’s needs | Court affirmed: findings supported by record; clear and convincing evidence of at least one ground of unfitness |
| Whether termination of parental rights is in children’s best interest | Father argues termination is not warranted given his visitation and some parenting ability | DHHS and GAL argue children need permanency and father cannot safely meet their high needs soon enough | Court affirmed: no abuse of discretion; termination is in children’s best interest |
Key Cases Cited
- In re Logan M., 155 A.3d 430 (Me. 2017) (standard of review for factual findings and guidance on parental fitness determinations)