In re Jamara R. et al., 2005 ME 45

Summary

The Supreme Judicial Court of Maine affirmed findings that Jamara R.'s injuries constituted an aggravating factor under Maine's child protection statutes. The court rejected the mother's due process challenge to using a preponderance-of-the-evidence standard and upheld the order relieving the Department of reunification efforts concerning Jamara.

Holdings

1. Due process does not require proof by clear and convincing evidence for an aggravating-factor determination in an earlier, nonfinal child-protection proceeding; the existing preponderance standard is constitutionally sufficient.
2. The District Court did not err in finding an aggravating factor because Jamara's multiple serious injuries constituted treatment that was heinous and abhorrent to society under 22 M.R.S.A. § 4002(1-B)(A)(1), even though no person had been criminally convicted for causing the injuries.
3. The District Court acted within its discretion in ordering that the Department could cease reunification efforts between Jamara and her mother.

Questions Presented

1. Whether due process required the Department to prove an aggravating factor by clear and convincing evidence rather than a preponderance of the evidence before reunification efforts could cease.
2. Whether the evidence supported the District Court's finding that Jamara's injuries constituted an aggravating factor under 22 M.R.S.A. § 4002(1-B).
3. Whether the District Court abused its discretion by ordering that the Department need not undertake reunification efforts between Jamara and her mother.

Disposition

affirmed