IN RE ALEXAVIER G. et al.
Docket: Cum-17-266
MAINE SUPREME JUDICIAL COURT
December 7, 2017
2017 ME 227
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, HJELM, and HUMPHREY, JJ.
Submitted On Briefs: November 29, 2017; Reporter of Decisions
PER CURIAM
[¶1]
[¶2] The court made the following findings of fact, which have ample support from competent evidence in the record:
The Jeopardy Order required [the mother] to participate in a substance abuse evaluation to determine the appropriate level of treatment, drug testing, mental health counseling, . . . [a diagnostic] evaluation, parenting education, and visitation with the children. At the time . . . [the mother] was incarcerated, but was released two weeks later. . . . [S]he was free from jail only six days before she was arrested for a probation violation for . . . drug use.
. . . She has never fulfilled [a substance abuse evaluation] to her detriment because the Department was not willing to fund a[n] . . . inpatient placement without that evaluation. She also did not complete the required [diagnostic] evaluation, and has not been in any consistent mental health counseling.
To her credit, [the mother] did take some steps toward her drug treatment while she was released. . . . [But then] she was arrested again . . . on a probation violation, testing positive for cocaine, oxycontin, and benzodiazepines. . . . Although the caseworker met her a few days after her release, she was unaware that the mother had used again . . . just before entering [treatment].
This has been the cycle of the mother for many years. . . . She is, in her own words, a “chronic relapser.” Despite times when she was not using, this chronic relapsing is all that her children have known. It has affected these children, most noticeably [the son], who worries about her constantly. [The son‘s] . . . significant mental health and behavioral
needs . . . resulted in juvenile justice involvement for an assault on the mother. The children were present when she was arrested [shortly after they entered the Department‘s custody] . . . . . . . The reality is that she is in the early phases of her recovery and . . . the process will take up to [twenty-four] months . . . .
. . . .
. . . [The children] have serious behavioral and mental health needs. They have been in therapeutic foster placements and need significant supports. . . . The son has traumatic life experiences and fears that would burden an adult; he is only [twelve] years old.2
. . . .
[The daughter] is only four years old, but has been diagnosed with [p]ost-traumatic [s]tress [d]isorder. . . .
. . . .
. . . Clearly, it is in the best interests of the children that they have permanency now. They have waited for their mother for the [sixteen] months of this case and really their whole lives . . . .
[¶3] The court‘s findings regarding the mother‘s insufficiently treated substance abuse and mental health issues, as well as their past and potential detrimental effects on the children when they are in her care, support each of the independent grounds for termination of the mother‘s parental rights. See
[¶4] Contrary to the mother‘s contention, the court did not abuse its discretion by declining to continue the hearing to allow one of her witnesses to testify that the Department should have referred her to residential treatment; she has not articulated any prejudice, and we discern none from the record, that resulted from the exclusion of this cumulative testimony. See
The entry is:
Judgment affirmed.
Deborah Munson Feagans, Esq., Gorham, for appellant Mother
Janet T. Mills, Attorney General, and Hunter C. Umphrey, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee Department of Health and Human Services
Portland District Court docket numbers PC-2016-04 and PC-2016-05
FOR CLERK REFERENCE ONLY
