In re Chelsea C.
Case Date: 08/31/2005
Court: Supreme Court
Docket No: 2005 ME 105
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2005 ME 105 Docket: Cum-05-15 Submitted on Briefs: July 14, 2005 Decided: August 31, 2005
Panel: SAUFLEY, C.J., and DANA, ALEXANDER, CALKINS, and LEVY, JJ
IN RE CHELSEA C.
ALEXANDER, J. [¶1] The mother of Chelsea C. appeals from a jeopardy order entered in the District Court (Portland, Beaudoin, J.) giving custody to Chelsea's father. The mother asserts that: (1) the admission, pursuant to 22 M.R.S.A. § 4005(1)(D) (2004), of a guardian ad litem report violated the hearsay rule and offended due process; (2) the evidence was insufficient to support the court's ruling; and (3) removal was improper because less drastic action was possible. We affirm the judgment. I. CASE HISTORY [¶2] Chelsea was born October 25, 1999, and immediately taken into protective custody by the Massachusetts Department of Social Services after testing positive for cocaine and opiates. After Chelsea's father was awarded custody in Massachusetts, Chelsea was returned to her parents, who were married at the time. All three then moved to Maine. [¶3] In 2003, a protection from abuse order was entered prohibiting the father from contacting the mother. Chelsea remained in her mother's care. Because of the no contact requirement, the Department of Health and Human Services (DHHS) became involved to facilitate visits by Chelsea with her father. [¶4] After an allegation that Chelsea's father had given her beer during a visit,[1] DHHS referred the family to Youth Alternatives, an organization that conducts assessments and provides rehabilitation services for DHHS. Chelsea's Youth Alternatives's caseworker expressed concerns about supervision and the mother's ability to learn new tasks. Youth Alternatives worked with Chelsea's mother for nine months helping her find affordable housing and transfer services, teaching her how to keep house, offering parental coaching and trying to rid Chelsea of a recurring lice infestation. The investigation was eventually turned back to DHHS because the mother showed little if any improvement. [¶5] In August 2004, DHHS filed a petition for a child protection order pursuant to 22 M.R.S.A. §§ 4032(1)(A), 4035(2) (2004).[2] A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem's report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents' divorce action. The guardian ad litem's report included references to statements by the mother's former landlord and Chelsea's pediatrician that were highly critical of the mother's parenting skills and the safety of her care and supervision of Chelsea. Based on the guardian's conclusions that the mother was unable to keep Chelsea safe and that her cognitive limitations and lack of parenting skills placed Chelsea in jeopardy, the report recommended that Chelsea be placed with her father, with the mother having frequent supervised visits. [¶6] At the jeopardy hearing, the mother objected to the court's admission into evidence and consideration of the guardian ad litem's report. The court admitted the report into evidence pursuant to 22 M.R.S.A. § 4005(1)(D). After the hearing, the court entered a jeopardy order[3] finding jeopardy as to each parent and giving custody to Chelsea's father with services from DHHS. The court found jeopardy as to the father because of infrequent contact and the previous finding of abuse against the mother. Jeopardy as to the mother was based on safety risks from lack of supervision and the chronic lice infestation, that the court found will produce greater problems as Chelsea ages. This appeal followed. II. LEGAL ANALYSIS A. Admission of Guardian Ad Litem Report [¶7] The mother objected to the admission into evidence of the guardian ad litem's report, although its admission is authorized by 22 M.R.S.A. § 4005(1)(D).[4] She contends that the report was admitted in error because it contains hearsay, and the court's consideration of the hearsay statements violates her due process rights. [¶8] Hearsay is: "A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." M.R. Evid. 801(c). Hearsay is generally inadmissible "except as provided by law or by these rules. The words |