In re Alexavier G. et al.

Summary

The Maine Supreme Judicial Court affirmed a judgment terminating the mother's parental rights to Alexavier G. and Amaiya W. The court held that competent evidence supported the termination findings and that the trial court acted within its discretion in denying a continuance for cumulative witness testimony.

Holdings

1. Competent evidence supported the District Court's findings and independently supported the statutory grounds for termination of the mother's parental rights. The unchallenged finding that the mother had not made a good-faith effort to rehabilitate and reunify with the children was itself sufficient to support termination.
2. The District Court acted within its discretion in refusing to continue the hearing because the proposed testimony was cumulative, the mother articulated no prejudice, and the testimony was not likely to affect the judgment.

Questions Presented

1. Whether competent evidence supported the District Court's findings that the mother failed to take responsibility for the children, was unwilling or unable to protect them from jeopardy, and was unlikely to change within a time reasonably calculated to meet their needs.
2. Whether the District Court abused its discretion by refusing to continue the termination hearing to allow the mother's witness to testify that the Department should have referred her to residential treatment.

Disposition

affirmed