In re Tanya C., 198 A.3d 777

Background

Mother (Tanya C.) has longstanding substance abuse, mental health issues, unstable housing, and domestic violence history; DHHS involvement from early in child's life and a jeopardy order issued in June 2016.
DHHS filed a first termination petition (Oct. 2016); court denied it (Aug. 3, 2017) noting mother was "on the cusp" of meeting benchmarks for reunification but needed more sobriety, counseling, and stable housing.
DHHS filed a second termination petition (Nov. 27, 2017) citing a September 2017 positive drug screen, failure to engage in mental-health treatment, and unstable housing; mother was served with notice of a Dec. 27, 2017 hearing.
Mother did not appear at the Dec. 27 hearing; over her counsel’s objection the court proceeded, heard DHHS testimony, and entered judgment the same day terminating her parental rights under 22 M.R.S. § 4055.
Mother moved to amend findings and for a new trial; a successor judge denied the new-trial motion and modified findings but left the judgment intact. Mother appealed, arguing due process violations and insufficiency of evidence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether holding an evidentiary termination hearing in mother's absence violated due process	Mother: she was deprived of the opportunity to be heard because the hearing proceeded without her present	DHHS: mother received statutory notice and warning; she voluntarily absented herself and counsel attempted contact	Court: no due process violation—notice was adequate and absence without explanation amounted to voluntary absence
Whether evidence was sufficient to find mother unfit and terminate parental rights	Mother: insufficient evidence—prior denial showed progress; one positive drug test is inadequate	DHHS: multiple bases of unfitness—positive/ inconsistent drug screens, lack of mental-health engagement, unsafe/unstable housing, risky associations	Court: findings supported by clear and convincing evidence; termination in child’s best interest affirmed
Validity/timeliness of proof of service	Mother’s counsel: proof of service filed late and lacked an affidavit under M.R. Civ. P. 4(h)	DHHS: mother conceded she was served; proof shows service occurred 27 days before hearing (timely)	Court: any filing defect was harmless—service was timely and mother had notice
Whether the proceeding was a default judgment because mother did not appear	Mother: implied concern about default treatment	DHHS: proceeding was an evidentiary hearing, not a default	Court: parties conceded it was not a default; court need not resolve the theoretical default-question

Key Cases Cited

In re Kaylianna C., 166 A.3d 976 (Me. 2017) (due process standards and voluntary absence doctrine in termination hearings)
In re Robert S., 966 A.2d 894 (Me. 2009) (physical presence not required if notice and opportunity to be heard are provided)
In re A.M., 55 A.3d 463 (Me. 2012) (proceeding when parent voluntarily absent does not violate due process)
Adoption of Isabelle T., 175 A.3d 639 (Me. 2017) (standard for reviewing factual findings of parental unfitness)
In re K.M., 118 A.3d 812 (Me. 2015) (affirmance if any one of multiple alternative bases for unfitness is supported)
In re M.B., 65 A.3d 1260 (Me. 2013) (abuse-of-discretion standard for ultimate termination decision)
In re Thomas D., 854 A.2d 195 (Me. 2004) (termination may be affirmed where parental inability or unwillingness to rehabilitate threatens child’s needs)
In re Children of Nicole M., 187 A.3d 1 (Me. 2018) (use of procedural record and competent evidence to support appellate review)

Judgment affirmed.