In re Children of Loretta M. , 2020 ME 121 ( 2020 )

MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2020 ME 121
Docket: Wal-20-36
Submitted
On Briefs: September 29, 2020
Decided: October 15, 2020
Panel: MEAD, GORMAN, JABAR, HUMPHREY, HORTON, and CONNORS, JJ.
IN RE CHILDREN OF LORETTA M.
PER CURIAM
[¶1] Loretta M. appeals from a judgment entered by the District Court
(Belfast, Davis, J.) terminating her parental rights to three of her children
pursuant to 22 M.R.S. § 4055(1)(A)(1)(a), (B)(2)(a), (b)(i)-(iv) (2020).1
Contrary to the mother’s contention, on this record the court did not clearly err
in finding at least one ground of parental unfitness by clear and convincing
evidence, nor did the court abuse its discretion in concluding that termination
was in the children’s best interests. See In re Children of Jason C., 2020 ME 86,
¶¶ 7, 10, --- A.3d ---.
[¶2] Although we affirm the judgment, we note that in its termination
order the court, in addition to making express factual findings pursuant to
M.R. Civ. P. 52(a), discussed the evidence at length rather than making actual
1 The judgment also terminated the father’s parental rights; he has not appealed.
2
findings regarding other facts. The court prefaced many parts of that discussion
with the phrases “[a]ccording to [the witness] . . .”; “[t]he court heard testimony
from [the witness concerning] . . .”; “[the witness] testified that . . .”; “[the
witness] reported . . .”; and the like. We recently held, and we now reemphasize,
that such references to the evidence are not “express factual findings” that may
support a trial court’s judgment because “[a]lthough the court described the
testimony of the . . . witnesses at length, it did not state what testimony it
believed or what findings it made on the basis of that testimony.” Klein v. Klein,
2019 ME 85, ¶ 7, 208 A.3d 802.
[¶3] That said, in this case the express findings that the court did make
were sufficient to support its determination to terminate the mother’s parental
rights.
The entry is:
Judgment affirmed.
Sean Ociepka, Esq., Ociepka & Burnett, P.A., Belfast, for appellant mother
Aaron M. Frey, Attorney General, and Meghan Szylvian, Asst. Atty. Gen., Office
of the Attorney General, Augusta, for appellee Department of Health and Human
Services
Belfast District Court docket number PC-2016-3
For Clerk Reference Only