Adoption by Jessica M. et al.

Summary

The Maine Supreme Judicial Court affirmed a Probate Court judgment terminating the parental rights of both parents in anticipation of adoption by the child’s maternal aunt and uncle. The court held that the incarcerated father received a meaningful opportunity to participate in the termination hearing by telephone and that the Probate Court properly considered the federal criminal sentence reflected in the sentencing transcript. The court also addressed the sufficiency of the evidence supporting parental unfitness and the child’s best interests.

Holdings

1. The father's due-process rights were not violated because the Probate Court provided him a meaningful opportunity to participate in the termination hearing by telephone, with appointed counsel physically present, opportunities for private consultation, and an open record while video participation was explored.
2. The Probate Court did not err or abuse its discretion by considering the portion of the federal sentencing transcript reflecting the sentence imposed, because that portion constituted the federal court's order and was cumulative of the properly admitted criminal judgment.
3. The evidence supported the Probate Court's findings that the mother had abandoned the child and that termination of her parental rights was in the child's best interest.
4. The evidence supported the finding that the father was unable to take responsibility for the child within a time reasonably calculated to meet the child's needs and therefore was unfit to parent.
5. Evidence of a safe and nurturing guardianship, even one arranged or consented to by the parent, must be considered in determining the child's best interest but does not necessarily preclude termination of parental rights.

Questions Presented

1. Whether the father's due-process rights were violated when the Probate Court denied continuances and permitted him to participate in the termination hearing by telephone rather than by live video.
2. Whether the Probate Court improperly took judicial notice of or admitted portions of the transcript of the father's federal sentencing hearing.
3. Whether competent evidence supported findings that the mother and father were unfit to parent the child.
4. Whether termination of each parent's parental rights was in the child's best interest.
5. Whether the existence of a safe and nurturing guardianship necessarily precluded termination of parental rights in anticipation of adoption.

Disposition

affirmed