In re Olivia C.

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MAINE SUPREME JUDICIAL COURT Decision: 2008 ME 144 Docket: And-08-431 Submitted On Briefs: September 15, 2008 Decided: September 16, 2008 Panel: Reporter of Decisions SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. IN RE OLIVIA C. PER CURIAM [¶1] The father of Olivia C. appeals from the judgment of the District Court (Lewiston, Beliveau, J.) that found jeopardy, as to him, unproved but allowed the Department of Health and Human Services to retain custody of Olivia C., despite its failure to prove jeopardy as to the father pursuant to 22 M.R.S. § 4035 (2007). The State concedes that upon the court s finding that the State had failed to prove jeopardy, the State lacked authority to retain custody of the child as against the father. The State s view of the law is correct. Accordingly, we must vacate the District Court s order and remand for appropriate proceedings to consider the father s request that he be awarded custody of the child. The entry is: Judgment vacated. Remanded for proceedings consistent with this opinion. further 2 Attorney for the father: Henry W. Griffin, Esq. 37 Park Street, Suite 204 Lewiston, Maine 04240 Attorneys for the Maine Department of Health and Human Services: G. Steven Rowe, Attorney General Nora Sosnoff, Asst. Atty. Gen. Office of the Attorney General 6 State House Station Augusta, Maine 04333-0006 Guardian ad litem: Katherine McConnell, Esq. 4 Milk Street, Suite 301 Portland, Maine 04101

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