In re Daniel H.

Summary

The Maine Supreme Judicial Court affirmed a judgment terminating both parents’ parental rights to Daniel H. The court held that competent evidence supported findings of parental unfitness and that termination was in the child’s best interest, notwithstanding the father’s contention that the Department of Health and Human Services failed to make sufficient reunification-service referrals.

Holdings

1. The Department's compliance with its rehabilitation and reunification duties under 22 M.R.S. § 4041 is not a discrete element requiring proof in a termination proceeding, and noncompliance does not preclude findings of parental unfitness; the trial court must consider the extent of reunification efforts as one factor among many in evaluating parental fitness.
2. Competent evidence supported the trial court's finding, by clear and convincing evidence, of one or more statutory grounds of parental unfitness as to each parent.
3. The trial court did not clearly err or abuse its discretion in determining that termination of each parent's parental rights was in Daniel's best interest.

Questions Presented

1. Whether competent evidence supported findings of one or more statutory grounds of parental unfitness as to each parent.
2. Whether the Department's alleged failure to make or prioritize certain reunification-service referrals precluded termination of the father's parental rights.
3. Whether the trial court clearly erred or abused its discretion in determining that termination of each parent's parental rights was in Daniel's best interest.

Disposition

affirmed