Maine Adoption Court Cases

Maine Court Case: In re Chesley B.
In the order on appeal, subsidiary findings of fact were neither requested by counsel under M.D.C. Civ. R. 52(a) nor volunteered by the District Court. As always, we leave to the trial judge questions of credibility and weight to be given testimony; he alone has had the opportunity to observe the witnesses. Tonge v. Waterville Realty Corp., 448 A.2d 902, 905 (Me. 1982). We examine the whole record to see whether the trial court could rationally have found the requisite quantum of evidence...


Maine Court Case: In re John Joseph V.
This is an appeal by the father from the judgment of the Probate Court, Hancock County, terminating his parental rights to the minor child John Joseph V. The issue on appeal is whether the record contains clear and convincing evidence to support the probate judge's finding that the father has been unable to take responsibility for the minor child. We determine that the evidence does not support such a finding, and, therefore, reverse the termination order of the Probate Court...


Maine Court Case: Rossignol v. Commissioner
The Plaintiff, Jolene Rossignol, appeals from a judgment entered in the Superior Court (Kennebec County) granting the Defendant's motion for summary judgment and denying her own motion for summary judgment. The Plaintiff had asked the court, pursuant to 1 M.R.S.A. § 409 (1979), to order the Defendant, Commissioner of Human Services, to disclose to her a 1945 record containing the identity of the Plaintiff's putative father. We find no error and deny the appeal...


Maine Court Case: In re Christopher J.
The Department placed Christopher in the foster care of Mrs. M. when he was 11 weeks old. He has remained in her home continuously to the present, and she wishes to adopt him. Christopher has a liver condition called Alpha I Anti-Trypsin Deficiency, which has led to cirrhosis of the liver and has required him to undergo a series of surgeries and hospitalizations. At the time the District Court entered its order on October 11, 1985, Christopher was waiting for an urgently needed liver transplant. n1 Mrs. M. has cared...


Maine Court Case: In re Melissa C.
The Department of Human Services appeals from the judgment of the Androscoggin County Probate Court granting the petition for adoption of Melissa C. filed by Melissa's maternal grandparents. The petition was granted without consent of the department, Melissa's legal custodian. The department moved to dismiss the petition on the ground that its consent was required under 19 M.R.S.A. § 532(1)(C) (1981), n1 but the court denied the motion. The court determined that the refusal of the department...


Maine Court Case: Joseph & Lisa P.
Joseph P. was born on June 13, 1978, and Lisa P. was born on September 10, 1980. On September 26, 1984, the Department filed a child protection petition and a request for a preliminary protection order pursuant to 22 M.R.S.A. § § 4031-4039 (Supp. 1986), when Joseph and Lisa, then aged six and four respectively, were discovered to have severe bruises on their buttocks as the result of a spanking with a wooden paddle wielded by Kevin S., Teresa's live-in boyfriend. The District Court found that the children were...


Maine Court Case: Misty & Jessica H.
We first address whether the District Court erred in finding by clear and convincing evidence that termination was in the best interests of the children, section 4055(1)(B)(2)(a). In reviewing the District Court's findings, we examine the entire record to determine whether that court rationally could have found clear and convincing evidence to support its factual conclusions. In re Chesley B., 499 A.2d 137, 139 (Me. 1985). "Where clear and convincing evidence is required, the appropriate standard of appellate review is 'whether the factfinder...


Maine Court Case: Estate of George F. Wilson
William and John Haefele and Carol Haefele Malmsten, the children by birth of Ann Wilson Haefele Roth, appeal a decision by the Kennebec County Probate Court in favor of Dawn and Catherine Roth and Rosalyn Roth Jean, the adopted children of Ann Wilson Haefele Roth. The Probate Court determined that the adopted children of Mrs. Roth are included...


Maine Court Case: In re Shane T.
On December 31, 1987, the Kennebec County Probate Court entered a judgment terminating George T.'s parental rights in his son, Shane T., and granting the adoption petition of Cheryl F., Shane's mother, and Michael F., her present husband. On his appeal to this court George contends that (1) the Probate Court erred in denying his motion for a jury...


Maine Court Case: In re Caroline M.
Shirley M., the grandmother of six-year-old Caroline M., appeals from the order of the Washington County Probate Court (Holmes, J.) denying her petition to terminate the parental rights of her daughter, Antoinette M., the child's mother. n1 Because the evidence did not compel the court to conclude that termination was in the child's best interests, we affirm the order...


Maine Court Case: In re Amber B.
A three-day consolidated hearing was held before the District Court on the petitions for the termination of Candice N.'s parental rights to Amber B., who is now 6 years old, and Bruce G., now 3 years old, filed by the Department of Human Services (DHS). Extensive and frequently conflicting documentary and testimonial evidence was presented on the issue of Candice N.'s fitness as a parent and whether termination of her parental rights was in the best interest of her minor children...


Maine Court Case: Porter v. Hoffman
Brenda Porter has an I.Q. of 68, classifying her as mildly retarded. Her cognitive disabilities make it difficult for her to project herself into the future and evaluate consequences of certain actions. Testimony at trial also showed her to be illiterate and to have a poor ability with basic mathematics. Though Brenda graduated from high school, she graduated at the age of 19 from a special education program. She is, however, able to do the family's shopping, adding up prices with the aid of a calculator and can drive, cook...

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