Latest 3 Cases: In re Child of Amber D. (Family Law), In re Child of Amelia C. (Family Law), In re Child of Whitney M. (Family Law)

Which Laws Apply to Broker-Dealers? Federal Laws? State Laws? Both? General Principles Leading to an Answer

TAMAR FRANKEL

BU Law emerita professor Tamar Frankel explains the law of preemption as it pertains to broker-dealers and their investor clients. She predicts, among other things, that either the clients will demand that broker-dealers adhere to a fiduciary duty, or else that states will impose that duty on them.

Read More

In re Child of Amber D.

Citation: 2020 ME 30

Opinion Date: March 5, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child pursuant to Me. Rev. Stat. 22, 4055(1)(B)(2)(a), (b)(i), (ii), holding that there was sufficient record evidence to support the court's findings of parental unfitness and best interest by clear and convincing evidence. The court terminated Mother's parental rights to the child on the grounds that Mother was unable to protect the child from jeopardy and unable to take responsibility for the child and that these circumstances were unlikely to change in a time reasonably calculated to meet the child's needs. The court further found that termination of Mother's rights was in the child's best interest. The Supreme Judicial Court affirmed, holding that there was no abuse of discretion in the court's determination that the termination of Mother's parental rights was in the child's best interest.

In re Child of Amelia C.

Citation: 2020 ME 28

Opinion Date: March 5, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court terminating Mother's parental rights to her child, holding that competent evidence in the record supported the court's finding that Mother was parentally unfit and that the court did not err in finding that the Department of Health and Human Services had made reasonable efforts to reunify and rehabilitate Mother's family. Based on the evidence before it, the district court found by clear and convincing evidence that Mother met two of the four definitions of parental unfitness. The Supreme Judicial Court affirmed, holding (1) there was sufficient evidence to support the court's judgment terminating Mother's parental rights; and (2) the court did not err in finding that the Department had made reasonable efforts to reunify and rehabilitate the family.

In re Child of Whitney M.

Citation: 2020 ME 29

Opinion Date: March 5, 2020

Judge: Per Curiam

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment entered by the district court finding that Mother's child was in circumstances of jeopardy pursuant to Me. Rev. Stat. 22, 4002(6), 4035(2), and ordering the child remain in the custody of the Department of Health and Human Services, holding that the evidence was sufficient to support the court's determination that the child was in jeopardy. On appeal, Mother challenged the sufficiency of the evidence to support the court's finding, by a preponderance of the evidence, that the child was in circumstances of jeopardy. The Supreme Judicial Court affirmed, holding that, taken together, the court's supported factual findings were sufficient to support its determination that the child would be "subject to a threat of serious harm" if he were returned to the custody of Mother.