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In re Amberley D.

Supreme Judicial Court of Maine
775 A.2d 1158 (2001)


Facts

Amberley D. grew up with her mother, Joann R. (defendant); her stepfather, Charles R.; and two siblings. The family temporarily resided with friends and in hotels in various towns. After Joann and Charles divorced, Joann and the children moved to New Hampshire. Amberley stopped attending school and was routinely exposed to a pattern of harmful conduct exhibited by Joann. Amberley ran away to Maine to live with Charles’s parents, Diana and Richard B. (plaintiffs), who subsequently filed a petition requesting temporary co-guardianship of Amberley. Without providing notice to Joann, the trial court found that Amberley was in an intolerable living situation caused by Joann’s inability to adequately care for Amberley and granted a temporary six-month guardianship in favor of Diana and Richard. Joann was later notified of the guardianship appointment and filed a motion to dismiss, which was denied by the trial court. After a full hearing on the guardianship, which Joann was notified of and participated in, the trial court affirmed its decision to grant temporary guardianship of Amberley to Diana and Richard. Joann appealed.

Rule of Law

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Issue

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Holding and Reasoning (Alexander, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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