474 A.2d 500

In re SIMONE S., Mona S. and Sarah S.

Supreme Judicial Court of Maine.

Argued Jan. 17, 1984.

Decided April 25, 1984.

Dorsk & Eddy, Helen B. Eddy (orally), Portland, for Joanne S.

Leigh A. Ingalls (orally), James Eastman Smith, Asst. Attys. Gen., Dept, of Human Services, Augusta, for appellees.

*501Smith & Elliott, Saco, Dana E. Prescott (orally), Portland, guardian ad litem for Simone S.

Richard P. Sullivan, Saco, guardian ad litem for Mona S. and Sarah S.

Before McKUSICK, C.J., and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

SCOLNIK, Justice.

Joanne S., the mother of three minor children, appeals from a decision of the Superior Court, York County, which affirmed a District Court termination of parental rights pursuant to 22 M.R.S.A. § 4055(1)(B)(2) (Supp. 1983-1984).1 The sole issue which she raises on appeal is the sufficiency of the evidence on which the findings of the District Court were based. Because we conclude that the findings of the District Court are rationally supported by clear and convincing evidence, we affirm the judgments of the Superior Court.

On August 14, 1981, the Maine Department of Human Services (DHS) filed petitions for the termination of parental rights to Simone S., Mona S. and Sarah S. pursuant to 22 M.R.S.A. §§ 4052-4055 (Supp. 1983-1984).2 An unrecorded hearing was held before the Tenth District Court, Division of Eastern York County, which, on May 18, 1982, granted the petitions.3 The District Court found that 1) the mother was unable to protect the children from jeopardy, 2) her circumstances were unlikely to change in a reasonable time, and 3) termination of' her parental rights was in the best interests of the children. The Superi- or Court determined that the evidence was sufficient to support the findings of the District Court. After reviewing independently the District Court record, we conclude that the District Court judge could rationally conclude that the statutory criteria 4 for termination of parental rights were satisfied by clear and convincing evidence. See In Re Merton R., 466 A.2d 1268 (Me.1983).

The entry is:

Judgments affirmed.

All concurring.

In re Simone S.
474 A.2d 500

Case Details

Name
In re Simone S.
Decision Date
Apr 25, 1984
Citations

474 A.2d 500

Jurisdiction
Maine

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