In re Dante

Maine Supreme Judicial Court · 2018 · Family Law

Family LawTermination of Parental RightsChild Protectionparental rightsterminationabandonmentparental unfitnessbest interests

Facts

The mother was served with the petition to terminate her parental rights and received notice of the termination hearing, but she failed to appear. The evidence showed that she had not maintained meaningful contact or visitation with the children since November 2016 and had shown a significant lack of engagement with reunification throughout the case. After a January 2016 jeopardy order, the reunification plan required her to address housing, domestic violence and ability to protect the children from violence, and substance abuse and mental health issues. There was no evidence that she engaged in services to address those issues or secured stable and appropriate housing for the children.

Issue

Whether the record supported the trial court's findings, by clear and convincing evidence, that the mother was unfit under 22 M.R.S. § 4055(1)(B)(2) and that termination of her parental rights was in the children's best interests.

Rule

A court may terminate parental rights when the record supports, by clear and convincing evidence, findings of parental unfitness under 22 M.R.S. § 4055(1)(B)(2), and there is sufficient evidence to support the court's determination that termination is in the child's best interests.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Portland, Maine, the child-protection agency petitioned to terminate Lena Ortiz's parental rights to her son. Lena was personally served and notified of the hearing but did not attend; at the hearing, testimony showed she had not visited or contacted the child for eight months, had not started any services required by the reunification plan, and had not obtained housing suitable for the child.

Which is the strongest assessment of the court's authority to terminate Lena's parental rights?

Explanation. The majority opinion treated the parent's nonappearance as relevant only insofar as the hearing still proceeded on evidence in the record. Termination requires clear and convincing evidence of parental unfitness under the statute and sufficient evidence supporting the best-interests determination; failure to appear alone is not enough. (Derived from In re Dante (n.d.).)