Maine Court Case: In re Ashley L.

IN RE ASHLEY L. 

Was-01-127 

SUPREME JUDICIAL COURT OF MAINE 

2001 ME 119; 775 A.2d 375 

June 28, 2001, Submitted on Briefs 

July 23, 2001, Decided 

Judgment affirmed. 

COUNSEL:
For appellant: Joyce Mykleby, Esq., Machias, ME.

For appellee: G. Steven Rowe, Attorney General, Christopher C. Leighton, Asst. Attorney General, John H. Hawkes, Asst. Attorney General, Augusta, ME.

Guardian ad Litem: James Crotteau, Esq., Lamoine, ME.

Intervenors: John P. Foster, Esq., Eastport, ME, (for JoAnn B.); Sisseton-Wahpeton Sioux Tribe, Agency Village, SD. 

JUDGES:
Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ. 

CLIFFORD, J. 

The mother of Ashley L. appeals from a judgment entered in the District Court (Machias, Romei, J.) terminating her parental rights. The mother contends that the court improperly asserted jurisdiction over the termination petition in violation of her right of due process and erroneously found that sufficient evidence existed to support termination of her parental rights beyond a reasonable doubt. We are unpersuaded by the mother's contentions and affirm the judgment.
Child protective proceedings for Ashley L. were begun in November of 1996 and Ashley was placed in the custody of the Department of Human Services after the Department learned of the sexual abuse of Ashley by her mother's boyfriend and the mother's inability to adequately provide for Ashley's needs and protect her from further risk. Ashley's maternal great aunt was later granted intervenor status and obtained custody of Ashley. The aunt's family lived in New Jersey, so Ashley moved to New Jersey to live with them in the spring of 1997 pursuant to the Interstate Compact on Placement of Children, 22 M.R.S.A. § § 4191-4200 (1992). n1 The mother moved to New Jersey at that time as well to be closer to Ashley. The aunt later filed a petition for termination of the parental rights of Ashley's mother and father in the District Court (Machias) with Department support, see 22 M.R.S.A. § 4052(1) (Supp. 2000). The rights of both parents were terminated in the District Court on February 6, 2001. Only the mother now appeals the termination order.

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n1 Both Maine and New Jersey participate in the Compact, which permits one state to send a child to another state, while the "sending agency," in this case, the Department, retains jurisdiction over the child's case. 22 M.R.S.A. § 4195 (1992).

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