In re Children of Shannevia Y.
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In this case, the Maine Supreme Judicial Court affirmed a lower court's decision to terminate a mother's parental rights to her two children. The mother appealed the termination of her rights, asserting that she was deprived of effective legal counsel during the proceedings. The lower court had determined that the children were in jeopardy due to the mother's chronic alcohol abuse, unsafe behavior, and poor decision-making, which included permitting a convicted sex offender to care for the children unsupervised. Despite repeated opportunities, the mother failed to demonstrate sufficient improvement to safely care for her children.
The mother also proposed that her own mother or aunt should be appointed as permanency guardians for the children. However, the court found that neither individual was suitable for this role due to their loyalties to the mother and lack of objectivity regarding her addiction and reckless behavior. As such, the court determined that adoption was in the children's best interests.
On appeal, the Maine Supreme Judicial Court found no evidence of ineffective assistance of counsel. The court noted that the attorney had adequately presented the mother's case and had advocated for the possibility of a familial permanency guardianship. The court concluded that the mother's claim of ineffective assistance did not meet the threshold for a prima facie case, as there was no evidence of serious incompetency, inefficiency, or inattention from her attorney, nor was there any indication that the outcome of the trial was unjust. Consequently, the decision to terminate the mother's parental rights was upheld.
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