In re Child of Everett S.

Summary

The Maine Supreme Judicial Court affirmed a District Court judgment terminating the parental rights of the mother and father to their son. The court held that the evidence supported findings of parental unfitness and that termination was in the child's best interest, notwithstanding the parents' claims regarding reunification services and the child's stated desire to return home.

Holdings

1. The evidence supported the District Court's findings that the parents were unwilling or unable to protect the child from jeopardy and take responsibility for him within a time reasonably calculated to meet his needs.
2. DHHS's compliance with its rehabilitation and reunification duties under 22 M.R.S. § 4041 is considered as part of the parental-unfitness determination, but it is not a discrete element requiring separate proof, and DHHS's failure to comply does not automatically preclude a finding of parental unfitness.
3. The District Court did not abuse its discretion in determining that termination of the parents' parental rights was in the child's best interest.

Questions Presented

1. Whether the evidence supported the District Court's findings that the parents were unfit under 22 M.R.S. § 4055(1)(B)(2)(b)(i)-(ii).
2. Whether DHHS's alleged failure to provide recommended reunification and rehabilitation services precluded a finding of parental unfitness.
3. Whether the District Court abused its discretion in determining that termination of the parents' parental rights was in the child's best interest.

Disposition

affirmed