IN RE CHILD OF MEGAN D.
Han-18-366
MAINE SUPREME JUDICIAL COURT
April 9, 2019
2019 ME 52
ALEXANDER, MEAD, GORMAN, JABAR, HJELM and HUMPHREY, JJ.
Reporter of Decisions. Submitted On Briefs: February 20, 2019.
PER CURIAM
[¶1] Megan D. appeals from a judgment of the District Court (Ellsworth, Roberts, J.) terminating her parental rights to her child pursuant to
I. BACKGROUND
[¶2] The Department of Health and Human Services filed a child protection petition on September 23, 2016, see
[¶3] On August 20, 2018, the court granted the Department‘s petition to terminate the mother‘s parental rights. See
[¶4] The court based its decision on the following factual findings, which are supported by competent evidence in the record.
[The mother] gave birth to [the child] on September 1, 2016. [She] used heroin during her pregnancy resulting in [the child] being born drug affected. [The mother] was given the opportunity to enter a residential treatment program following [the child‘s] birth. Unfortunately, she soon left the program and [the child] was taken into foster care on September 23, 2016. [The child] has not been in [the mother‘s] care since that date.
. . . .
. . . [The mother] has not been in contact with the [D]epartment consistently; she has not been calling in to see if she needs to drug test, and she does not have safe or permanent housing. [The mother] participated in therapy . . . from February of 2017 until December 18, 2017. She was diagnosed with [o]piate dependency in early remission. [She] was just beginning to address her trauma history when the services stopped due to [the service provider] mistakenly believing that the Department‘s authorization had ceased. . . .
. . . [The mother] has made substantial connections within the recovery community to support her efforts. [Several of those connections] are working with [the mother] to assist her in finding employment and preparing for transition to her own housing. While her prospects are good at this point she remains four to six months away from being in a position to care for [the child].
[The mother] clearly loves her son very much. She is currently working very hard to alleviate the Department‘s jeopardy concerns. Unfortunately, she has run out of time. [The child] has been in foster care for 22 of the 23 months of his life. [The mother] may be in a position to care for [the child] in a few more months. She is not in a position at this time to protect [the child] from jeopardy. She is not in a position at this time to take responsibility for [the child]. [The child] needs permanency now.
[¶5] The mother timely appealed from the court‘s judgment terminating her parental rights. See
II. DISCUSSION
[¶6] The mother contends that the evidence is insufficient to support the court‘s determination of parental unfitness and that termination of her parental rights is in the best interest of the child. See
[¶7] “In reviewing a decision to terminate parental rights, a decision that is highly factual, we recognize the unique opportunity of the trial courts to assess the evidence . . . .” In re Michaela C., 2002 ME 159, ¶ 22, 809 A.2d 1245 (quotation marks omitted); see also Gordon v. Cheskin, 2013 ME 113, ¶ 12, 82 A.3d 1221 (“We defer to the trial court‘s determination of witnesses’
[¶8] Contrary to the mother‘s contentions, there is competent evidence in the record that supports the court‘s findings of parental unfitness pursuant to
The entry is:
Judgment affirmed.
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-2016-25
FOR CLERK REFERENCE ONLY
