In re M.E.
2014 ME 98
| Me. | 2014Background
- M.E. was 14 months old at jeopardy hearing; parents are Uzbekistan immigrants, primarily Russian-speaking with some English understanding.
- M.E. had a weight percentile decline from birth: four months below 10th percentile, six months below 3rd percentile, raising chronic concerns.
- April 19 visit: physicians advised increased caloric intake and follow-up; interpreters assisted communication with parents who delayed response.
- April 22: mother discontinued supplemental feedings due to alleged allergic reaction; M.E. admitted to hospital with a feeding tube.
- Late April: staff instructed proper feeding with tube and monitoring; parents were advised to seek help if tube dislodged.
- May–June: tube removed by parents, missed appointments, and delayed re-insertion; Department sought protection order; father became irate and threatened suicide, leading to police involvement and psychiatric hospitalization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports jeopardy for refusing medical care | Jabar– refusal to acknowledge severity. | Jabar– language barrier and child’s perceived smallness. | Yes; evidence shows refusal to recognize seriousness. |
| Whether evidence shows failure to follow medical advice | Jabar– repeatedly ignored clear medical guidance. | Jabar– occasional missed feedings due to practical issues. | Yes; noncompliance supported jeopardy finding. |
| Whether noncompliance endangered M.E. and risk persists | Noncompliance creates ongoing threat of serious harm. | Noncompliance not proven to be ongoing risk. | Yes; future risk persisting if returned. |
| Whether court could order removal for welfare while considering return of custody | Removal necessary to ensure medical care. | Return could be safe with better compliance. | Yes; removal warranted to safeguard welfare. |
Key Cases Cited
- In re B.C., 58 A.3d 1118 (Me. 2012) (jeopardy standard; trial court’s weight/credibility favored)
- In re Destiny T., 965 A.2d 872 (Me. 2009) (preponderance standard for jeopardy findings)
- In re E.L., 96 A.3d 691 (Me. 2014) (future risk under jeopardy findings)
- In re Scott S., 775 A.2d 1144 (Me. 2001) (deference to trial court on witness credibility)
- In re Adrian D., 861 A.2d 1286 (Me. 2004) (trial court weighs conflicting testimony)