In re Child of Shannon S.
In re Child of Shannon S.
Opinion
[¶1] Shannon S. appeals from a judgment of the District Court (Lewiston, Ham-Thompson, J. ) terminating her parental rights to her child. 22 M.R.S. § 4055(1)(B)(2)(a), (b)(i)-(ii) (2018). The mother challenges the court's determination that termination of her parental rights is in the best interest of her child. We affirm the judgment.
I. BACKGROUND
[¶2] On November 9, 2015, the Department of Health and Human Services filed a child protection petition. See 22 M.R.S. § 4032 (2018). The petition alleged that the mother struggled with substance abuse and exposed the child to domestic violence between the parents in the home. 1 On February 5, 2016, the court ( Dow, J. ) entered a jeopardy order, with the parents' agreement, see 22 M.R.S. § 4035(1)-(2) (2018) ; however, custody remained with the mother until May 22, 2017, when the court ( Oram, J. ) granted the Department custody of the child after the mother was charged with two counts of unlawful possession of scheduled drugs. The child was placed with a relative. 2
[¶3] The Department petitioned for termination of the mother's parental rights on May 18, 2018. See 22 M.R.S. § 4052 (2018). The court ( Ham-Thompson, J. ) held a three-day hearing on the petition and, on November 19, 2018, found by clear and convincing evidence that the mother is unwilling or unable to protect the child from jeopardy or take responsibility for the child within a time that is reasonably calculated to meet the child's needs, and that termination of the mother's rights is in the best interest of the child. See 22 M.R.S. § 4055(1)(B)(2)(a), (b)(i)-(ii).
*764 [¶4] The court based its decision on the following factual findings, all of which are supported by competent evidence in the record.
[The mother] has a significant history of substance abuse. By her own admissions, she has had multiple relapses during the pendency of this case. [The mother] has participated in two residential treatment programs, multiple [Intensive Outpatient Programs], and individual counseling. Despite these services, [the mother] has and continues to actively abuse substances. [The mother] also has significant mental health issues and has been inconsistent in attending mental health treatment. During her testimony, [the mother] indicated that she did not see a correlation between her mental health issues and the impact on her child.
....
... [The mother] has failed to do the things required in order to eliminate jeopardy. She has failed to refrain from using illicit substances, failed to adequately address her substance abuse history, failed to address her mental health issues, failed to provide a safe and stable home environment for her [child], and failed to demonstrate that she can be an emotionally stable parent to her [child].
The court found further that the mother's "substance abuse has resulted in her having a fairly extensive criminal history from 2004 to present" including "multiple OUIs, thefts by unauthorized taking, illegal possessions of controlled substances and violations of conditions of release."
II. DISCUSSION
[¶5] On appeal, the mother challenges the court's finding that termination of her parental rights is in the child's best interest. "We review the trial court's factual findings for clear error and its ultimate conclusion regarding the best interest of the child for an abuse of discretion, viewing the facts, and the weight to be given them, through the trial court's lens."
In re Kenneth S.
,
[¶6] The mother argues that the court abused its discretion because it speculated about who might adopt the child after her parental rights were terminated. The mother contends that the court improperly considered this factor in its best interest analysis when it found that
termination of parental rights is in [the child's] best interest. [The child] seems happy in [the] current placement, and if [the parents'] parental rights are terminated, [the foster parent] would happily adopt [the child].... Given the strong public policy favoring permanency for children ... the court has no difficulty in finding that the plan of adoption is clearly in [the child's] best interest so that [the child] has permanency in the happy home where [the child] is presently living .
(Emphasis added.)
[¶7] It is well established that the court may, and often does, consolidate permanency planning and termination proceedings; the two "cannot be divorced from one another because a best interest decision necessarily requires the court to consider the long-term living arrangement that will best serve a child's needs. The court's permanency plan for the child is an inextricable part of that decision."
In re Children of Nicole M.
,
[¶8] Courts should "not opine on who should become the adoptive parent(s) in a prospective adoption proceeding."
In re Children of Bethmarie R.
,
[¶9] Given the strength of the record, particularly the length of time the child has been in kinship care and the mother's consistent and demonstrated inability to provide a safe and stable home for the child, the court did not abuse its discretion in concluding that termination of the mother's parental rights is in the child's best interest.
See
In re Kenneth S.
,
The entry is:
Judgment affirmed.
Although both parents' parental rights were terminated, the father has not appealed.
On June 23, 2018, the child was moved to the home of another relative who previously had provided some respite care for the child. The child was in this relative's care at the time of the termination hearing.
In title 22 proceedings for the termination of parental rights, "the court does not begin to consider post-termination placements until after termination of parental rights has been ordered."
Adoption of Isabelle T.
,
Reference
- Full Case Name
- In Re Child of Shannon S.
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- 1 case
- Status
- Published