In re Child of Scott L.
In re Child of Scott L.
Opinion
[¶1] Scott L. appeals from a judgment of the District Court (Waterville, Montgomery, J. ) terminating his parental rights to his child pursuant to 22 M.R.S. § 4055(1)(B)(2)(a), (b)(ii) (2018). 1 He challenges the court's determination that termination of his parental rights is in the child's best interest. See id. § 4055(1)(B)(2)(a). We affirm the judgment.
I. BACKGROUND
[¶2] The following facts are drawn from the court's findings, which are supported by competent record evidence, and from the procedural record.
See
In re Children of Corey W.
,
[¶3] In March of 2017, the Department of Health and Human Services filed a petition for a child protection order and preliminary protection order, requesting that the court place the child-who was three years old at the time-in the temporary custody of the Department. See 22 M.R.S. §§ 4032, 4034(1) (2018). The petition alleged that the child was in jeopardy due, in part, to the father's lengthy criminal history as well as his current unavailability to parent the child because he was incarcerated. The court ( Stanfill, J. ) issued a preliminary protection order and ordered that the child be placed in departmental custody.
[¶4] In April of 2017, the court entered an agreed-upon jeopardy order as to the father based on the father's ongoing incarceration, his never having been the child's primary caregiver, and the issuance of an order for protection from abuse against the father in an action filed by the mother after he threatened to kidnap the child. See 22 M.R.S. § 4035 (2018).
[¶5] The Department arranged a trial placement of the child in the father's home from February to May of 2018, but that placement ended unsuccessfully for the *847 reasons described below, and the child was returned to foster care, where she has since remained.
[¶6] During the summer of 2018, the Department petitioned to terminate the father's parental rights.
See
22 M.R.S. § 4052 (2018). The following November, the court (
Montgomery, J.
) held a hearing on the petition. The witnesses included several of the child's therapists and support workers, departmental caseworkers, the child's foster mother, the father and his therapist, and the guardian ad litem. The court subsequently entered a judgment terminating the father's parental rights supported by its determination, based on clear and convincing evidence, that the father had been unwilling or unable to take responsibility for the child and would be unlikely to do so within a time reasonably calculated to meet the child's needs.
See
22 M.R.S. § 4055(1)(B)(2)(b)(ii). The court also determined that termination of the father's parental rights is in the child's best interest.
See
[¶7] The court made the following factual findings, all of which are supported by competent record evidence.
See
In re Child of Jonathan D.
,
At the time of the jeopardy hearing, [the father] was incarcerated for Aggravated Furnishing of Scheduled Drugs. He was sentenced to two years, all but six months suspended. [The father] has an extensive criminal history, which includes multiple theft and burglary convictions as well as violations of conditions of release.
In 2015, [the mother] obtained a protection from abuse order against [the father] ... on the basis of her allegations that 1) [the father] strangled her when she was pregnant with [the child]; 2) he engaged in abusive, controlling, and coercive behavior during their relationship; and 3) he threatened to go to [the mother]'s home and kidnap [the child]. [The father] disputes these allegations.
....
... [The father] had begun visiting with [the child] in his home in November 2017. He then began bracketed visits until February 2018 when the Department began a trial placement with [the father]. He remained in consistent contact with the Department and the former foster parents.
During the trial placement, [the father] struggled to get [the child] to her necessary services and appointments despite numerous conversations with the Department and changes to transportation arrangements. While [the father] managed to get [the child] to [the child development center] more consistently than to her other appointments, her attendance there still declined significantly. As for [the child]'s lack of attendance at other appointments, [the father] maintained that the Department had not set up transportation for them.
Between February and May 2018, [the child] was attending [occupational therapy], but [the father] attended with her only once. As [the child]'s attendance at [the child development center] declined, so did her attendance at her OT sessions. From February to May, [the child] attended nine OT sessions but missed 15. The irregular nature of her attendance made it difficult for [the child] to make and sustain improvement, especially with regard to her peer interaction and emotional regulation.
During the trial placement, [the father] struggled to find appropriate caregivers for [the child] when he was working. On April 22, 2018, he engaged a friend who was well-known to the Department *848 (and had not been approved as a caregiver for [the child] ) to care for [the child]. While he was gone to work, this friend allowed [the mother] into his home to visit with [the child]. After [the father] got home from work, [the child] was awake. She stayed awake until approximately 2:00 a.m.
The next day, April 23, 2018, [the father] slept in until 9:30 a.m., leaving [the child] unsupervised. He did not set an alarm when he went to bed the night before because [the child] had stayed up so late that he assumed she would sleep late as well. When [the father] awoke that morning, he could not find [the child] anywhere in the house. He called the police for help. [The child] was eventually found on the roof of the apartment building.... When [Department] agents toured [the father]'s home, they were concerned about the home as it was described as filthy and smelling like smoke and bleach. There was a marijuana plant on the floor in [the father]'s bedroom.
Thereafter, [the child]'s internal sense of well-being showed signs of stress.... She also began to have nightmares, and her behavior declined.
....
Up until May 2018, the evidence suggests that [the father] consistently attended counseling sessions. However, he stopped going at all after May 9, 2018. He had not fully reached his treatment goals when he stopped attending, and then was discharged in July due to lack of attendance. He likewise withdrew from communicating with the GAL in May 2018 and did not reach out at all thereafter. He also stopped participating in random drug screens once the trial placement began.
The father filed a timely appeal from the judgment. See 22 M.R.S. § 4006 (2018) ; M.R. App. 2B(c)(1).
II. DISCUSSION
[¶8] The father does not challenge the court's factual findings or its determination of parental unfitness,
see
22 M.R.S. § 4055(1)(B)(2)(b)(ii), but asserts only that the court erred by concluding that termination of his parental rights is in the child's best interest,
see
[¶9] Here, the court based its best interest determination primarily on the child's need for permanency. In determining whether termination of parental rights is in the child's best interest, the court is required to consider "the needs of the child, including the child's age, the child's attachments to relevant persons, periods of attachments and separation, the child's ability to integrate into a substitute placement or back into the parent's home and the child's physical and emotional needs." 22 M.R.S. §§ 4055(1)(B)(2)(a), (2) (2018) ;
see also
In re Child of Mercedes D.
,
[¶10] Contrary to the father's assertions on appeal that the child already had permanency and that her best interest was met through the trial placement with him, the father testified that he would be fully ready to take custody and care for the child if given another six months. As the GAL responded at the hearing, six months is too long for the child to wait.
See
In re Child of Peter T.
,
[¶11] There is sufficient evidence in the record for the court to have found that "the time is now for [the child] to settle into a life of safety, stability, routine, and love" and that "permanence must not be delayed," but that the father will not able to provide her with that permanence in a timely way.
See
In re Jamara R.
,
The entry is:
Judgment affirmed.
The child's mother consented to termination of her parental rights to the child at issue here and is not a party to this appeal. The father also has a younger child who is not in his custody and is not subject to this action.
To the extent that the father may be seen to assert that the court erred by concluding that he is parentally unfit, that contention is not persuasive.
See
In re Children of Anthony M.
,
Reference
- Full Case Name
- In Re Child of Scott L.
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