In re Mya E., 161 A.3d 708

Mother (age ~29) had parental rights to six older children previously terminated for chronic substance abuse and mental health issues.
Mother gave birth to Mya on Nov. 9, 2014; infant was drug-affected and required in-hospital withdrawal treatment for weeks.
DHHS obtained a preliminary protection order and placed Mya with licensed foster parents; parents agreed to a jeopardy order and a reunification plan in Jan. 2015.
Reunification requirements: engage in substance-abuse treatment, mental-health services, parenting skills for a high-needs infant, and obtain stable housing.
Mother repeatedly relapsed (marijuana, opiates, cocaine, fentanyl, benzodiazepines), had inconsistent Suboxone/Subutex levels, was discharged from Suboxone treatment, and disengaged from treatment and counseling.
Mother lacked stable, safe housing (had relatives who used drugs; allowed father—who overdosed—to be present); child bonded with longtime foster family prepared to adopt.

Issue	Mother’s Argument	DHHS’s Argument	Held
Whether evidence supports finding mother unfit under 22 M.R.S. § 4055(B)(2)(b)(i)-(ii) (unwilling/unable to protect child or take responsibility in reasonable time)	Mother argued the court’s unfitness finding was not supported by the evidence	DHHS argued clear and convincing evidence showed chronic substance abuse, treatment noncompliance, and unsafe housing, demonstrating inability/unwillingness to protect child	Court held findings were supported by clear and convincing evidence and affirmed unfitness determination
Whether termination was in child’s best interest	Mother argued court abused discretion in finding termination was in child’s best interest	DHHS argued foster placement provided stability and adoption by foster parents served child’s best interest	Court held it did not abuse discretion; termination was in child’s best interest
Adherence to reunification plan requirements	Mother pointed to multiple treatment entries and some participation	DHHS emphasized repeated relapses, program discharge, and disengagement undermining plan compliance	Court found mother failed to achieve reunification goals within a reasonable time
Whether procedural posture (simultaneous father’s termination) affected mother’s appeal	Mother implied broader context might mitigate finding	DHHS noted father’s termination and non-appeal; focused on mother’s independent conduct	Court affirmed mother’s termination independently of father’s outcome

Guardianship of Hailey M., 2016 ME 80, 140 A.3d 478 (review standard for trial-court findings)
In re Cameron B., 2017 ME 18, 154 A.3d 1199 (standard for competent evidence supporting findings)
In re R.M., 2015 ME 38, 114 A.3d 212 (standards for parental unfitness and best-interest analysis)