In re Amberley D., 2001 ME 87

Summary

The Maine Supreme Judicial Court affirmed the appointment of Diana and Richard B. as coguardians of Amberley D. The court held that the emergency guardianship procedure did not violate due process, that Maine had jurisdiction and venue under the applicable child-custody jurisdiction statutes, and that clear and convincing evidence supported the guardianship. The court also rejected the appellant’s constitutional challenge to the guardianship statute.

Holdings

1. The temporary guardianship statute's limited authorization to waive notice for good cause, together with prompt post-appointment notice and an opportunity for a hearing, did not violate due process.
2. The Maine Probate Court had jurisdiction over the guardianship petition because New Hampshire was not Amberley's home state and Maine satisfied the significant-connection and substantial-evidence requirements.
3. Venue was proper in Maine because, for a minor guardianship proceeding, venue lies where the minor resides or is present, and Amberley was present in Maine.
4. Clear and convincing evidence supported the appointment of Diana and Richard B. as full coguardians because Amberley's living situation was at least temporarily intolerable and the proposed guardians could provide a living situation in her best interest.
5. The guardianship statute was not unconstitutional as applied because guardianship is not final, a parent retains the ability to seek removal and regain custody, and the procedural safeguards required for termination of parental rights are therefore not required.

Questions Presented

1. Whether the Probate Court improperly waived notice of the temporary guardianship hearing to Amberley's mother.
2. Whether the Parental Kidnapping Prevention Act or the Uniform Child Custody Jurisdiction and Enforcement Act deprived the Maine Probate Court of jurisdiction or venue.
3. Whether clear and convincing evidence supported the appointment of full guardians.
4. Whether the guardianship statute violated the mother's due process rights by permitting temporary guardianship without prior notice and by providing fewer safeguards than a termination-of-parental-rights proceeding.

Disposition

affirmed