MAINE	SUPREME	JUDICIAL	COURT Reporter	of	Decisions

Decision: 201 8 ME 36
Docket: Cum

- 17

- 447
Submitted

On	B riefs : February	26,	2018
Decided: March	15 ,	2018

Panel: ALEXANDER

, MEAD, GORMAN, JABAR

, HJELM, and HUMPHREY

, JJ.

IN	RE CHILD	OF	NURADIN	A

.

PER	CURIAM

[¶1] The father	of a child appeals	from	a	judgment	of	the	District	Court

(Portland, Eggert,	J. )	 terminating	 his	 parental	 rights	 to the	 child pursuant	 to

22 M.R.S.	§	4055(1)(A)(1)(a) and	(B)(2)(a),	(b)(i),	(ii),	(iv)	(2017)

. 1 The	father

challenges	 the	 sufficiency	 of	 the	 evidence	 to	 support	 the	 judgment	 and	 the

court’s	 discretionary	 determination that	 termination	 is	 in the	 child’s	 best

interest.		Because	the	evidence	supports	the	court’s	findings	and	discretionary

determination,	we	affirm	the	judgment.

[¶2 ]		Based	on	competent	evidence	in	the	record,	the	court	found,	by	clear

a nd	convincing	evidence,	that (1)	the	fathe r	wa s	unwilling	or	unable	to	protect

the	child	from	jeopardy	and	these	circumstances	are	unlikely	to	change	within

a	 time	 reasonably	 calculated	 to	 m eet	 the	 child’s	 needs,	 (2) the	 father was

1 The	mother’s	parental	rights	were	terminated	in	September	2017. The	mother	did	not	appeal
that	decision.2

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

reasonably	calculated	to	meet	the	child’s	needs,	(3)	the	father	failed	to	make	a

good	faith	effort	to	rehabilitate	and	reunify	with	the	child,	and	(4)	termination

of	the	father’s	parental	rights	is	in	the	best	interest	of	the	child. See 22	M .R.S.

§ 4055 (1)(B)(2) ; In	re	Caleb	M., 2017	ME	66,	¶ 27,	159	A.3d	345

. We	review	the

factual	 findings	 supporting	 the	 determination	 of	 parental	 unfitness	 for	 clear

error. See In	re	Logan	M., 2017	ME	23,	¶ 3,	155	A.3d	430

. The	court	based	these

determinat ions	on	the	following	findings	of	fact.

[¶3 ]		When	the	father’s	identity	was	established, the	father

was	 homeless	 and	 was	 living	 a	 lifestyle	 in	 which	 he	 had	 little responsibility	and	mainly	consisted	of	moving	around	and	partying involving	use	of	drugs and	alcohol.		When	he	worked	it	was	through [a	program ]	doing	temporary	assignments.

.	. . [When	the	Jeopardy Order	 was	 entered	 in	 November	 2016,] he	 had	 not	 yet	 become involved	in	[the	child’s]	life	and	had	not	visited	with	him,	but	had dropped	off	some clothes	 for	 [the	child]	with	 [ the	Department	of Health	and	Human	Services].

. . . .

At	the	time	of	the	[termination]	hearing	[the	father]	had	not made	 significant	 progress	 in	 fulfilling	 the	 requirements	 of	 the Jeopardy	Order	or	the	rehabilitation	and reunification	plan.		He	has visited	 [the	 child]	 from	 time	 to	 time	 but	 has	 not	 been	 regularly doing	 so	and	has	not	had	a	 visit	 since	August	7,	2017.		His	 visits have	been	suspended	by	 [the	service	provider]	 for	missing	 three
visits	and	he	has	not	taken	the steps	necessary	to	reestablish	those

visits. During	 the	 visits	 he	 has	 participated	 in	 he	 had	 been3

developing	a	bond	with	his	son	and	had	learned	some	basic	skills for	caring	for	him	in	a	visitation	setting.

.	. .

[The	 father]	 completed	 a	 substance	 abus e	 evalu ation	 at	 [a service	 provider].

. . . He	 was	 diagnosed	 with	 both	 alcohol	 use
disor der	and	cannabis	use	disorder.

. . . [The	 father]	declined	 to take	part	in	any	 treatment	with	 the	excuse	 that	he	was	 too	busy. [The	father]	explains	his	refusal	by	s tating	that	he	will	deal	with	the issue	 by	 himself	 and	 that	 he	 would	 not	 do	 group	 sessions	 with other	drug	ad dicts.

.	.	.

[The	 father]	 has	 not

. . . engaged	 in	 any [mental	 health] treatment.	 	 The	 reason	 for	 the	 requirement	 was	 some	 explosive
behavior	on his	part,	with	assaultive	behavior	toward	the	mother. Since	 the	 Jeopardy	 Order	 was	 entered	 [the	 father]	 has	 been involved	in	a	fight

. . . in	which	he	broke	his	hand	after	attacking	a man	who	was	showing	a	picture	of	[the	child]	in	a	bar	where	he was havi ng	 a	 couple	 of	 beers.	 .	 .	 . [The	 father]	 has	 also	 acted	 in	 an explosive	 fashion	 at	 the	 time	 of	 [the	 child’s ] first	 birthday	 when DHHS	granted	his	request	for	additional	time	with	[the	child],	but not	 the	 full	amount	 of	his	 request

. His	response	was	 to	ge t	 very angry	and	then	to	not	even see	his	son	on	that	birthday.	.	.	.

[The	father]	has	made	some	progress	toward	getting	housing assistance,	but	when	this	will	actually	come	to	fruition	is	not	known with	 certainty,	 perhaps	 in	 a	 month	 or	 so.	 	 In	 the	 mean time	 he continues	 to	 live	 in	 an	 apartment	 which	 is	 not	 considered habitable.	 	 He	 has	 also	 done	 no	 parenting	 education	 and	 is	 not enrolled	in	any	program	to	provide	that	education.

. . . In	 the	 year	 that	 [the	 father]	 has	 known	 that	 he	 is	 [the child’s]	 p arent	 he	 has	 taken	 some	 small	 steps	 toward rehabilitation,	but	he	is	 still	woefully	 short	 of	 success.		He	is	 still without	 a	 stable	 home,	 drinks	 and	 smokes	 marijuana	 when	 it	 is inappropriate,	 has	 not	 dealt	 with	 his	 explosiveness,	 and	 has	 not
enrolled	in	an y	parenting	programs. In	short,	he	is	still	not	capable of	taking	on	the	responsibility	of	being	a	single	parent	who	has	to provide	for	a	child	every	day,	all	day.4

[¶4 ] These	findings	are	sufficient	to	support	the	court’s	conclusion	that

the	 father	 is	 unable	 to	 protect	 the	 child	 from	 jeopardy, is	 unable	 to take

responsibility	 for	 the	 child	 within	 a	 time	 reasonably	 calculated	 to	 meet	 the

child’s	needs,	and	did	not	make a good	faith	effort	to	rehabilitate	and	reunify

with	the	child. See 22	M.R.S.	§	4055(1)(B)(2)(b)(i),	(ii),	(iv)

. The	court	did	not

abuse	 its	 discretion by	 concluding	 that	 termination	 of	 the	 father’s	 parental

rights	is	in	the	best	interest	of	the	child. See In	re	Logan	M., 2017	ME	23,	¶	5,

155	A.3d	430

. As	t he	court	found, the	child’ s “ father	is	not	now	capable	of	caring

for [the	 child] on	 a	 full	 time	 basis,	 and	 there	is	 no	indication	 that	 he	will	 be

available	 to	do	so	in	 the	near	 future. [The	child] ne eds	 to	have	a	permanent

placement	at	this	time.”

The	entry	is:

Judgment affirmed.

Cory	R.	McKenna,	Esq.,	Fairfield	&	Associates,	P.A.,	Portland,	for	appellant	father

Janet T.	Mills,	Attorney	General	and	Hunter	C.	Umphrey,	Asst.	Atty.	Gen.,	Office of	the	Attorney	General,	Augusta,	for	appellee Department	of	Health	and	Human

Services

Portland	District	Court	docket	number	PC

- 2016

- 60

F OR C LERK R EFERENCE O NLY