MAINE	SUPREME	JUDICIAL	COURT Reporter	of	Decisions
Decision: 201 8 ME 163
Docket: Som

- 18

- 269
Submitted

On	B riefs : November	28,	2018
Decided: December	11,	2018

Panel: SAUFLEY,	C.J.,	and ALEXANDER

, MEAD, JABAR

, HJELM, and HUMPHREY

, JJ.

IN	RE	CHILD	OF	STEPHENIE	F.

PER	CURIAM

[¶1] Stephenie	 F. appeals	 from a	 judgment	 of	 the	 District	 Court

(Skowhegan, Benson,	J. )	terminating	her	parental	rights	to	her	child pursuant	to

22	M.R.S. § 4055 (1)(A)(1)(a)	and	(B)(2)(a),	(b)(i)

- (ii),	(iv)	(2017)

. 1 Pursuant

to	 the	 procedure	 outlined	in In	 re	M.C. ,	 2014	 ME	 128,	 ¶ ¶ 6

- 7,	 104 A.3d 139

,

counsel	for	the	mother	filed	a	brief	indicating	that	there	are	no	arguable	issues

of	merit	for	appeal.		We	entered	an	order	permitting	the	mother	to personally

file	a	supplemental	brief	on	or	before	September 28, 2018,	but	the	mother	did

not	do	so. We	a ffirm	the	judgment.

[¶ 2 ] In	 its	 judgment,	 the	 court	 made	 the	 following	 findings	 of	 fact

pertaining	to	the	mother’s	ability	to	parent	her	child:

The	Department	of	Health	and	Human	Services	(“the	Department” or	 “DHHS”)	 filed	 a	 Petition	 for	 Child	 Protectio n	 Order	 on

1 The	child’s	father	does	not	appeal	from	the	termination	of	his	parental	rights

.2

July 31, 2017.		On	 that	same	date,	 the	Department	requested	and received	 an	 Order	 of	 Preliminary	 Child	 Protection	 placing	 [the child]	in	 the	 temporary	 custody	 of	 the	 Department. A	 summary preliminary	hearing	was	scheduled	 for	August	10,	2017. On	 that date,	 [the	mother]	 (custodial	 parent),	 did	 not	 appear	 as	 she	was incarcerated	 and	 no	 hearing	 was	 requested	 by	 the	 mother pursuant	to	22	M.R.S.	§4034(3).

A	 Jeopardy	Order	entered	 on	November	2,	2017

, found	 that	 [the child]	was	in	circumstances	of jeopardy	to	her	health	and	welfare in	the	care	of	her	mother	.	.	.	.		[The	mother]	was	not	present	for	the scheduled	 Jeopardy	Hearing	 and	 the	Order	 entered	 allowed	 [the mother]	 to	 file	 any	 objections	 to	 the	 Order	 within	 14 days	 of	 its

issuance. [The	 moth er]	 filed	 no	 objections.	 	 The	 jeopardy	 order found	in	relevant	part:

[The	child]	is	in	circumstances	of	jeopardy	in	the	care and	 custody	 of	 her	mother	 .	 .	 .	 due	 to	 [the	mother]’s substance	abuse.		[The	child]	was	found	unsupervised
and	 naked	 in	 the	 home while	 [the	 mother]	 was inebriated,	 unconscious	 and	 incoherent	 by	 police. [The	 child]	 is	 a	 vulnerable	 child	 who	 relies	 on	 her caregiver to	provide	for	all	her	needs	and	protect	her from	Jeopardy,	[the	mother]	has	been	unable	to	meet [the	child]’s	needs	at	this	time.

The	 Jeopardy	 Order	 outlined	 with	 specificity	 [the	 services]	 that [the	 mother] was	 to	 engage	 in	 to	 ameliorate	 Jeopardy. Those services	 were:	 participation	 in	 a	 substance	 abuse	 evaluation including	 a	 level	 of	 care	 assessment	 and	 follow	 evaluator recommendations;	 medication	 management;	 random	 observed drug	 screens;	 sign	 all	 necessary	 releases	 requested	 by	 the Department	and	G AL;	establish	safe	and	stable	housing	free	from domestic	 violence,	 drug[s],	 and	 alcohol;	 refrain	 from	 any	 and	 all criminal	involvements;	allow	unannounced	and	announced	 visits to	the	home;	keep	the	Department,	GAL,	and	legal	counsel	updated on	any	changes in	circumstances;	attend	all	scheduled	visits	with [the	child];	and	participate	in	Family	Team	Meetings.3

Referrals	 were	 made	 for	 [the	 mother]	 to	 receive	 a	 level	 of	 care

assessment

.	.	. .		[The	mother]	attended	1 appointment	and	did	not follow	 through	 o r	 reengage	 in	 the	 service.	 	 Shortly	 after	 the appointment	 she	 attended	 she	 was	 again	 incarcerated.	 	 [The mother]	 then	missed	 her	 transportation	 ride	 that	was	 set	 up	 for her.		Visitation	was	scheduled	for	two	days	a	week. [The	mother]
often	missed	her	ride or	no

- showed her scheduled	visitations	with [the	child]. [The	mother]	did	not	appear	for	the	scheduled	jeopardy hearing	 and	 she	 additionally	 failed	 to	 surrender	 herself	 to	 the county	 jail	 pursuant	 to	 a	 stay	 of	 execution	 granted	 in	 a	 pending
criminal	matt er. A	warrant	was	issued	for [ a ] probation	violation and	 [the	mother]	was	arrested.		She	 remained	incarcerated	 from
November 21, 2017

, to	 approximately	 April	 12,	 2018.	 	 A	 Family
Team M eeting	was	held	with	[the	mother]	on	February	21,	2018. [The	mother]	d iscussed	being	willing	to	do	anything	to	reunify	with [the	child]. [The	mother]	stated	she	would	consider	residing at	a homeless	 shelter closer	 to	 her	 mother	 and	 [the	 child]	 upon	 her release.	 	 The	 Department	 continued	 to	 express	 that	 her relationship	 with	 [her	 boyfriend]	 was	 problematic	 for
reunification.	 	 There	 have	 been	 numerous	 domestic	 violence
incidents	between	the	two.

Upon	 her	 re lease	 from	 incarceration,	 [the	 mother]	 continued	 to drink,	was	the	victim	of	severe	physical	domestic	violence	by	two different	individuals,	moved	to	4	different	locations	and	was	living at	a	shelter	at	the	time	of	the	TPR	hearing.		[The	mother]	testified that	she	began	drinking	when	she	was	16

- years

- old	and	was	now
29

- years

- old.	 	 She	 attended	 one	 substance	 abuse	 treatment program	 when	 she	 was	 pregnant	 with	 [the	 child]	 but	 left	 the program	 early	 and	 did	 not	 complete	it.	 	During	 the	 reunification
case	 she	 at tended	 2	 scheduled	 appointments	 with	 [a	 counseling service]	and	no

- showed	the	rest	citing	transportation	issues.		She did	not	attend	any	medication	management	appointments.		She	did not	engage	in	or	complete	an	 IOP [intensive	outpatient	program]
and	was	dr ug	screening	for	probation	but	not	for	the	Department despite	requests	for	her	to	do	so. [The	mother]	was	inconsistent with	 attending	 visitations	 with	 [the	 child]	 prior	 to	 her incarceration	and	upon	her	release	presented	as	mentally	unstable4

which	caused the	Department	to	place	visitation	on	hold	until	her mental	 health	 could	 be	 assessed.	 	 During	 her	 incarceration,	 [the mother]	was	offered	several services including	case	management, Prime	for	Life	(Alcohol	Treatment),	Job	Readiness,	Seeking	Safety (Domesti c	Violence	education	and	support),	and	IOP.		[The	mother] did	not	participate	in	any	of	the	services	she	was	offered	and	signed up	for. [ 2 ] The	Department	also	requested	that	[the	mother]	work with	her	social	worker	at	the	jail	to	develop	a	strong	relapse plan to	avoid	relapsing	on	alcohol	after	her	release.		 [The	mother]	did not	 create	 a	 relapse	 prevention	 plan. [The	mother]	 consistently blamed	DHHS,	KVCAP,	the	jail	social	worker	and	others	for	her	lack of	 engagement	 in	 services	 and	 lack	 of	 progress	 towar ds reunification	with	[the	child].		She	does	not	take	any	responsibility for	the	reasons	[the	child]	was	removed	or	her	lack	of	reunification

success.

[The	 child]	 is	 a	 3

- year

- old	 child	 that	 is	 dependent	 on	 her	 daily needs	being	met	 from	her	caregivers. [The	child]	was	born	drug affected.		Due	to	some	of	the	trauma	of	abuse	and	neglect	that	she experienced	in	her	home	she	developed	a	scared	and	shy	demeanor around	many	adults.		She	has	since	developed	great	bonds	within her	family	unit	and	appropriate	a ttachment	figures.		[The	child]	is engaged	in	Speech	Therapy	Services	to	help	with	her	speech	delay. [The	child]	is	placed	with	maternal	grandparents	.	.	.	whom	are	also
license d foster	 parents. [The	 grandparents]	 are	 meeting	 [the child]’s	medical,	emoti onal,	and	physical	needs,	and	 [the	child]	is thriving	in	her	foster	home.

2 The	 mother	 and	 her	 Department	 caseworker	 both	 testified	 that	 the	 mother	 actually	 did participate in	 some	 services	 while	 in	 jail.	 	 The	 caseworker,	 however,	 testified	 that	 the	 mother participated	in	 these	 services	 for	 only	a	 “couple	 of	weeks”	 before	 being released.	 	 Given	 that	 the mother	did	not	make	a	good	faith	effort	to	engage	in the services	required	by	her	reunification	plan before	her	incarceration,	during	all	but	the	last weeks	of	her nearly five

- month incarceration,	or	after her	 release,	 it	is	 highl y	 probable	 that	 the	 court’s	misstatement	 did	 not	 affect	 its	 finding	 that	 the mother	 failed	to	make	a	good	 faith	effort	to	rehabilitate	and	reunify	with	the	child ;	therefore,	the
error	was	harmless. See In	re	M.B. ,	2013	ME	46,	¶	34,	65	A.3d	1260 .		Furtherm ore,	the	misstatement
does	not	undermine	the	other two grounds	of parental unfitness found	by	the	court

, and	each	ground, standing	 on	its	 own,	 supports	a	 termination	 of	 parental	 rights. See In	 re	M.E. ,	 2016 ME	 1,	 ¶	 10,
131 A.3d	898

.5

.	.	.	.

.	.	.	. After almost a	year	of	no	engagement	in	reunification	services to	ameliorate	the	jeopardy	she	poses	to	her	child,	the	clock	has	run out	 and	 it	 is	 time	 for	 [the child]	 to	 have	 the	 permanency	 she
deserves.

( e mphasis	omitted)

.

[¶ 3 ] These	findings ,	all	of	which	are	supported	by	competent	evidence	in

the	record	except	as	noted, supra n ote 2, are	sufficient	to	support	the	court’s

determination	 that	 the	mother is (1)	unwilling	or	unable	 to	protect	 the	child

from	jeopardy	 and	 that	 these	 circumstances	 are	 unlikely	 to	 change	within	 a

time	which	is	reasonably	calculated	to	meet	the	child’s	needs,	and	(2)	unwilling

or	unable	to	take	responsibility	for	the	child	within	a time	which	is	reasonably

calculated	to	meet	th e	child’s needs. See 22	M.R.S.	§	4055(1)(B)(2)(b)(i)

- (ii);

see	also In	re	Meena	H. ,	2018	ME	13,	¶	3,	177	A.3d	1276 .		They	are	also	sufficient

to	support	the	court’s	finding	that	the	mother	has	failed	to	make a	good	faith

effort	to	rehabilitate	and	reunify	with	the	child, see 22	M.R.S.	§§	4041(1

- A)(B),

4055(1)(B)(2)(b)(iv)	 (2017),	 and	 that	 termination	 of	 the	 mother’s	 parental

rights	is	in	the	child’s	best	interests

, s ee 22	M.R.S.	§	4055(1)(B)(2)(a)

. S ee	also

In	re	Children	of	Amber	L. ,	2018	ME	55,	¶	4,	184	A.3d	19

.

The	entry	is:

Judgment affirmed.6

Aaron	B.	Rowden,	Esq.,	Waterville,	for	appellant	mother

The	Department	of	Health	and	Human	Services	did	not	file	a	brief

Skowhegan	District	Court	docket	number	PC

- 201 7

- 37

F OR C LERK R EFERENCE O NLY