IN RE AUBREY R.
Han-16-441
MAINE SUPREME JUDICIAL COURT
March 7, 2017
2017 ME 37
ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.
Reporter of Decisions; Submitted On Briefs: February 23, 2017
PER CURIAM
[¶1] The parents of Aubrey R. appeal from a judgment of the District Court (Ellsworth, Roberts, J.) terminating their parental rights to Aubrey pursuant to
[¶2] As we have stated, we will not infer factual findings in a termination case. In re Amber B., 597 A.2d 937, 938 (Me. 1991); see also
[¶3] Here, the court found that the mother is unable to protect the child from jeopardy or take responsibility for the child in a reasonable time, because, while this case was pending, she continued to associate with unsafe individuals—particularly the father—in violation of the court‘s jeopardy order and the reunification plan. See
[¶4] The mother next challenges the sufficiency of the evidence to support the court‘s determination that she is unable to protect the child from jeopardy in a reasonable time. Specifically, she argues that the Department
[¶5] Notably, the mother does not appear to challenge the evidence supporting the separate basis of parental unfitness found by the court, that the mother was unable to take responsibility for the child and will not be able to do so in a reasonable time. The court‘s determination of that type of unfitness was not erroneous, and we affirm the termination order based on that unchallenged finding. See
[¶6] Additionally, contrary to the mother‘s contention, the court‘s determination that the mother is also unable to protect the child from jeopardy was based on competent evidence, which demonstrated the threat
- evidence from several witnesses that the father committed acts of domestic violence against the mother to a degree that would jeopardize the child‘s safety;
- a therapist‘s testimony that the mother‘s inability to separate from the father demonstrated that she could not “be counted on to protect [the child]” from exposure to domestic violence and drug abuse, and that if the mother did not “turn around her choice of men,” the child would be in a “very unsafe environment” that could lead to future psychological and behavioral problems for the child;
- a clinical psychologist‘s report stating that the mother had little insight into how her relationships with unsafe individuals might affect the child;
- the guardian ad litem‘s report stating that “the risk to [the child] is that she will suffer the same developmental trauma [the mother] suffered because [the mother] has not been able to address her own childhood trauma“;
- the mother‘s own testimony that she believes that the father is safe around the child when he is not drinking, which, as the court properly
found, demonstrated the mother‘s failure to recognize the risk that the father‘s chronic substance abuse issues pose to the child; and - the mother‘s testimony that she maintained contact with the father throughout these proceedings in violation of the court‘s jeopardy order and the Department‘s reunification plan even though she knew that losing the child was a likely consequence.
[¶7] Based on this and other evidence, the court did not err by finding, by clear and convincing evidence, that the mother is unable to protect the child from jeopardy and will not be able to do so in a reasonable time. See In re Cameron Z., 2016 ME 162, ¶¶ 14, 17, 151 A.3d 922 (affirming a court‘s finding of unfitness based, in part, on the mother‘s unwillingness to end a relationship with the father who himself posed a risk of harm to the children who were the subject of the termination petition).
[¶8] Further, although not challenged by the mother on appeal, the court‘s finding that termination is in the child‘s best interest does not reflect any error or abuse of discretion. See id. ¶ 16;
The entry is:
Judgment affirmed.
Jeffrey C. Toothaker, Esq., Ellsworth, for appellant father
Janet T. Mills, Attorney General, and Meghan Szylvian, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee Department of Health and Human Services
Ellsworth District Court docket number PC-2014-28
FOR CLERK REFERENCE ONLY
