Maine Court Case: In re Kafia M.

IN RE KAFIA M. 

Cum-99-227 

SUPREME JUDICIAL COURT OF MAINE 

1999 ME 195; 742 A.2d 919

December 6, 1999, Argued 

December 23, 1999, Decided 

Certiorari Denied May 30, 2000, Reported at: 2000 U.S. LEXIS 3698. Certiorari Denied May 30, 2000, Reported at: 2000 U.S. LEXIS 3699. 

Judgment affirmed. 

COUNSEL:
For appellants: Jane Elizabeth Lee, Esq., (orally), Portland, ME. Diane Powers, Esq., (orally), Portland, ME.

For appellees: Andrew Ketterer, Attorney General, Michael C. Kearney, Asst. Attorney General (orally), Augusta, ME. Ellyn C. Ballou, Esq., (orally), South Freeport, ME, (for intervenors).

Guardian ad Litem: Judith Plano, Esq., South Portland, ME.

The parents and intervenors were represented by different attorneys in the District Court. 

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

CALKINS, J.
The parents of Kafia M. appeal the judgment of the District Court (Portland, Eggert, J.) terminating their parental rights. The father, Mohamed I., argues that the evidence was insufficient to support a termination of parental rights. The mother, Shamso H., argues that her due process and equal protection rights were violated because she was not provided an interpreter when the child protection proceeding was initiated. Both parents argue that their due process rights were violated because they were not appointed separate counsel for the jeopardy phase of the case. We affirm the judgment.
I. PROCEDURAL HISTORY
The District Court (Beaudoin, J.) issued a temporary child protection order on March 11, 1996 awarding temporary custody of Kafia, then two months old, to the Department of Human Services (DHS). By order dated March 18, 1996, Kafia's parents were found indigent, and the court appointed an attorney to represent them in the proceedings. A hearing on the child protection petition was held on March 26, 1996, and, by agreement of the parties, the court (MacNichol, J.) granted the petition and awarded custody of Kafia to DHS. In its order after review, effective May 7, 1996, and by the agreement of the parties, the court (Bradley, J.) ordered that Kafia remain in DHS custody but set out a detailed visitation schedule for the parents. The order also included the statement that the parties expected that Kafia would be placed with her parents as soon as it was safe to do so. Kafia was placed with her parents on May 20, 1996, but on June 27, 1996, she was removed by DHS and returned to the same foster family with whom she had resided previously. After the next review in October 1996, the court (Cote, J.) found that Kafia should stay in DHS custody and that reunification efforts should continue.