In re Child of Eric K.

2018 ME 32 · Supreme Judicial Court of Maine · March 6, 2018 · No. Cum-17-424

Summary

The Maine Supreme Judicial Court affirmed the termination of Eric K.'s parental rights under 22 M.R.S. § 4055. The court held that competent evidence supported findings that he was unable or unwilling to eliminate jeopardy and assume responsibility for the child within a time reasonably calculated to meet the child's needs, and that termination was in the child's best interest.

Holdings

  1. Competent evidence supported the District Court's findings, by clear and convincing evidence, that the father was unwilling or unable to protect the child from jeopardy, that the circumstances were unlikely to change within a time reasonably calculated to meet the child's needs, and that he was unwilling or unable to take responsibility for the child within that time.
  2. The District Court did not err or abuse its discretion in determining that termination of the father's parental rights, with a permanency plan of adoption, was in the child's best interest.

Questions Presented

  1. Whether competent evidence supported the District Court's finding that the father was unwilling or unable to protect the child from jeopardy and that the circumstances were unlikely to change within a time reasonably calculated to meet the child's needs.
  2. Whether the District Court abused its discretion in determining that termination of the father's parental rights was in the child's best interest.

Disposition

affirmed

Cases Cited (4)

  • In re Cameron B., 2017 ME 18, ¶ 10, 154 A.3d 1199(followed)
  • In re Charles G., 2001 ME 3, ¶ 7, 763 A.2d 1163(followed)
  • In re Alexander D., 1998 ME 207, ¶ 18, 716 A.2d 222(followed)
  • In re Thomas H., 2005 ME 123, ¶¶ 16-17, 889 A.2d 297(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…