
High court: Maine wrongly terminated a mother’s parental rights because she couldn’t find an affordable home
An Augusta District Court wrongly terminated a New Mexico mother’s rights to her child because she couldn’t find affordable housing in Maine, the Maine Supreme Judicial Court ruled Tuesday.
Despite noting the mother had gone “above and beyond” to meet the requirements set by the Maine Department of Health and Human Services, Judge Cynthia Montgomery ruled in 2024 that the mother’s inability to move to Maine made her an unfit parent. The judge terminated her parental rights as a result.
On Tuesday, the Maine Supreme Court disagreed and vacated the termination ruling, writing that the mother’s “failure to relocate was not a willful refusal to accede to a condition imposed by the Department; it simply reflected the practical impossibility of compliance.”
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