In re M.C.
104 A.3d 139
| Me. | 2014Background
- The Maine Supreme Judicial Court affirmed a District Court termination of parental rights under 22 M.R.S. § 4055(1)(A)(1)(a), (B)(2).
- At the time of the termination hearing, the father was incarcerated in Massachusetts awaiting trial on multiple felonies and had not communicated with his attorney since August 2013.
- Evidence showed the father engaged in domestic violence and substance abuse in front of the child and sometimes cared for the child while intoxicated.
- The father refused to acknowledge his substance abuse as a parenting problem and did not participate in good-faith reunification efforts when not incarcerated.
- The court found clear and convincing evidence of parental unfitness and that termination was in the child’s best interests, leading to adoption by the foster parents; the judgment was entered February 7, 2014, and appealed.
- The appellate process noted the father’s counsel filed a limited brief, the court extended time for a separate client brief, and the court proceeded with the appeal on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal basis for termination | M.C.'s father argues insufficient grounds under §4055(1)(B)(2). | DHHS contends grounds met by unfitness and risk to child. | Grounds established; termination affirmed. |
| Best interests | Foster parents’ care supports adoption. | Termination necessary to protect child’s welfare. | Termination in child’s best interest. |
| Notice and participation | Father had notice through mailed communications and foster home contact. | Incarceration impeded participation; remote participation possible. | Notice presumed received; substantial participation not required given circumstances. |
| Appellate procedure | Counsel followed proper sua sponte process for appeal with no meritorious issues. | Record supports decision despite limited briefing. | Counsel’s approach proper; record supports judgment. |
Key Cases Cited
- Graybar Elec. Co. v. Sawyer, 485 A.2d 1384 (Me. 1985) (evidence of properly mailed notice supports receipt presumption)
- In re Michaela C., 809 A.2d 1245 (Me. 2002) (clear and convincing evidence standard for parental unfitness)
- In re Charles G., 763 A.2d 1163 (Me. 2001) (best interests standard for termination of parental rights)
- In re William P., 765 A.2d 76 (Me. 2001) (procedural framework for addressing appeals with meritorious concerns)
- State v. Hofland, 58 A.3d 1023 (Me. 2012) (guidance on appellate briefing and extensions)
- In re A.M., 55 A.3d 463 (Me. 2012) (use of remote participation considerations in protected proceedings)