In re Ivan M.

202 A.3d 529 (Me. 2019) · Supreme Judicial Court of Maine · February 12, 2019

Summary

The Maine Supreme Judicial Court affirmed a Waldo County Probate Court judgment terminating the parental rights of the mother and father of I.M. in anticipation of adoption by the child's maternal grandparents. The court rejected the father's evidentiary challenge concerning a witness's use of notes and held that competent evidence supported findings of parental unfitness and that termination was in the child's best interest.

Holdings

  1. The Probate Court did not err or abuse its discretion in handling the objection to the maternal grandmother's use of prepared notes because it either required the proper method of refreshing recollection or sustained the objection.
  2. The evidence was sufficient to establish by clear and convincing evidence that both parents were unable to take responsibility for the child within a time reasonably calculated to meet the child's needs.
  3. The Probate Court did not err in determining that termination of the mother's and father's parental rights was in the best interest of the child.

Questions Presented

  1. Whether the Probate Court's findings that the mother and father were unable or unwilling to take responsibility for the child within a time reasonably calculated to meet the child's needs were supported by clear and convincing evidence.
  2. Whether the Probate Court properly determined that termination of the parents' parental rights was in the child's best interest.
  3. Whether the Probate Court erred or abused its discretion in handling the father's objection to the maternal grandmother's use of prepared notes while testifying.

Disposition

affirmed

Cases Cited (4)

  • State v. Hamel, 2007 ME 18, ¶¶ 3-4, 913 A.2d 1287(followed)
  • State v. Liberty, 498 A.2d 257, 259 (Me. 1985)(followed)
  • In re Kenneth H., 1997 ME 48, ¶ 5, 690 A.2d 984(followed)
  • Adoption of Shayleigh S., 2018 ME 165, ¶ 16, 198 A.3d 791(followed)

Cited In (0)

No citing cases on record yet.

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