In re Kevin H.
In re Kevin H.
Opinion of the Court
Jerome H., the father
The District Court found by clear and convincing evidence that the father, who at the time of the hearing was serving a sentence of imprisonment on his conviction of gross sexual misconduct involving a child not his own,
The District Court did not base its decision on 22 M.R.S.A. § 4055(1-A)(B), which provides a presumption that a parent convicted of certain crimes against a child for whom he is responsible, including gross sexual misconduct, is unwilling or unable to protect his own children from jeopardy. We therefore do not address the father’s contention that the application of that section violates his constitutional rights to due process and equal protection of the law.
The entry is:
Judgment affirmed.
All concurring.
. The mother of the children is deceased.
. The victim of the gross sexual misconduct was a young child for whom the father was babysitting.
.At the time of the hearing, the children had been in foster care for several years and had not seen their father since 1985.
Reference
- Full Case Name
- In re KEVIN H., Christina H. and Nathan H.
- Status
- Published