## Facts

- Justin T. was 21 months old and lived with his mother, siblings, and the mother’s boyfriend in Portland, Maine.
- In January 1991, the mother left Justin in the boyfriend’s care; she returned to find Justin seriously injured.
- Justin was hospitalized for 17 days with injuries to his liver and pancreas and permanent impairment of one kidney.
- The boyfriend was later convicted of aggravated assault and incarcerated; the mother ended the relationship.
- While Justin was hospitalized, the Department of Human Services (DHS) obtained temporary custody; in April 1991, the court entered a child protective order placing Justin in DHS custody by agreement.
- DHS identified the mother’s substance abuse as a major problem and referred her for evaluation, counseling, and treatment.
- In 1992, the mother entered a residential substance-abuse program twice and left before completing it both times; she did not fully follow treatment recommendations.
- DHS later ceased reunification efforts and, in March 1993, petitioned to terminate parental rights.
- After a hearing, the District Court terminated the mother’s parental rights, finding inability to protect Justin from jeopardy, inability to take responsibility within a reasonable time, and that termination was in Justin’s best interests.

## Issues

1. Whether clear and convincing evidence supported findings that the mother was unable to protect Justin from jeopardy and unlikely to change within a time reasonably calculated to meet his needs, and was unable to take responsibility for him within such time.
2. Whether termination was shown to be in Justin’s best interests.
3. Whether DHS’s asserted noncompliance with statutory family-reunification obligations required vacating the termination judgment.

## Decision

- Affirmed the judgment terminating the mother’s parental rights.
- Held the trial court’s findings were supported by clear and convincing evidence that the mother could not protect Justin from jeopardy or assume responsibility within a time reasonably calculated to meet his needs.
- Upheld the best-interests finding based on Justin’s need for stability and permanency and the mother’s limited progress despite services.
- Concluded DHS’s shortcomings in reunification planning and timing did not require reversal because they did not materially affect the outcome.

## Legal Principles

- Termination of parental rights requires proof by clear and convincing evidence that the parent cannot protect the child from jeopardy and cannot take responsibility within a time reasonably calculated to meet the child’s needs, and that termination is in the child’s best interests.
- Persistent substance abuse and failure to complete treatment, despite referrals and opportunities, may support findings of ongoing jeopardy and inability to parent within a reasonable time.
- Agency noncompliance with statutory reunification-related duties does not automatically invalidate a termination order; reversal requires a showing that the noncompliance prejudiced the parent or affected the result.
- Appellate review of termination findings is deferential; factual findings are upheld unless clearly erroneous.

## Conclusion

The court affirmed termination because the evidence showed the mother’s unresolved substance abuse and lack of follow-through made her unable to safely parent within a time meeting Justin’s needs, and DHS’s reunification-related procedural failings did not change that result.


In re Justin T., 640 A.2d 737 (Me. 1994)