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IN RE ANGEL B.5/30/1995
Joyce B. and Ralph B., the parents of Angel, Christine, Brandy, and Gauge, appeal separately from the judgment of the District Court (Houlton, Griffiths, J.) terminating their parental rights. The record contains clear and convincing evidence to support the statutory bases for termination. We affirm the judgment.
I.
A court must find parental unfitness according to one of the four statutory factors before determining whether termination is in the best interest of the children. In re Leona T., 609 A.2d 1157, 1158 (Me. 1992). The court found present jeopardy stemming from prior parental abuse and neglect. The jeopardy refers to the children's "developmental delays, significant behavioral problems, and essential need for a consistent and structured environment." This understanding of jeopardy is consistent with 22 M.R.S.A. ยง 4002(6)(A) and (10)(B) (1992). Section 4002(6)(A) provides that evidence of "serious harm or threat of serious harm" may constitute jeopardy. Section 4002(10)(B) defines serious harm as " erious mental or emotional injury or impairment, which now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including severe anxiety, depression or withdrawal, untoward aggressive behavior, seriously delayed development or similar dysfunctional behavior."
The trial court had evidence of physical abuse, evidence of profound behavioral and emotional problems exhibited by each of the four children, evidence that some of the problems are abating, and evidence that the visitations with Joyce and Ralph were counterproductive to attempts to provide the children with stability and consistency. The court reasonably could conclude that the evidence supported a finding that it was highly probable that the severe problems exhibited by these children stemmed in at least significant part from their early years with Joyce and Ralph. The evidence further supported findings that the circumstances were unlikely to change within a time reasonably calculated to meet the needs of the children, that the visitations had been detrimental to efforts to provide the children with stability and that Joyce and Ralph had been unable or unwilling to learn or adopt the parenting skills that would make the visitations less chaotic.
II.
The court determined that termination was in the best interests of the children. See In re Caroline M., 576 A.2d 743, 745 (Me. 1990). "In deciding to terminate, the court shall consider the needs of the child, including the
We are mindful of the fact that the Department of Human Service's (DHS) management of a case can create its own best arguments for termination. See In re Justin T., 640 A.2d 737, 739 (Me. 1994) (advocating caution when DHS uses the lack of a normal parent-child relationship as support for termination when the parents' contact with the children has been restricted as a result of child protective proceedings initiated by DHS). All relevant parties in this case acknowledge that the separation of the children from their parents and the transience of their foster care placements have contributed to the problems they exhibit and that it is highly probable that all four are destined for another transition.
The trial court faced the limited choice between termination and the eventual return of the children to their parents. Given the overwhelming testimony about the detrimental effect of the visitations on the attempts by DHS and the various foster families to stabilize the lives of these children, and the evidence as to the lack of progress made by Ralph and Joyce, the court could reasonably conclude that termination was in the best interest of the children.
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