In re Child of Tanya C.

Summary

The Maine Supreme Judicial Court affirmed a judgment terminating Tanya C.'s parental rights. The court held that proceeding with the termination hearing in her absence did not violate due process because she received notice and an opportunity to be heard but voluntarily failed to appear without explanation. The court also upheld the findings of parental unfitness and that termination was in the child's best interest.

Holdings

1. Due process does not require a parent to be physically present at a termination hearing when the parent received notice calculated to provide actual notice and had an opportunity to be heard, but voluntarily failed to appear without good cause.
2. The District Court did not clearly err in finding the mother unfit because competent evidence showed continuing substance-abuse problems, failure to engage in mental-health counseling, inability to maintain safe and stable housing, and association with a partner facing similar substance-abuse and mental-health problems.
3. The District Court did not abuse its discretion in determining that termination of the mother's parental rights was in the child's best interest.

Questions Presented

1. Whether conducting an evidentiary hearing on the petition to terminate parental rights in the mother's absence violated due process.
2. Whether competent evidence supported the finding that the mother was unfit under 22 M.R.S. § 4055.
3. Whether the District Court abused its discretion in determining that termination of the mother's parental rights was in the child's best interest.

Disposition

affirmed