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IN RE THOMAS H.

889 A.2d 297 (2005)

2005 ME 123

In re THOMAS H. et al.

Supreme Judicial Court of Maine.

Decided: December 14, 2005.

Attorney(s) appearing for the Case

G. Steven Rowe, Attorney General, Matthew E. Pollack, Asst. Atty. Gen. (orally), Lise Wagner, Asst. Atty. Gen., Augusta, for appellant.

Diane Edgecomb, Esq. (orally), Gorham, Joseph M. Wrobleski Jr., Esq. (orally), Saco, for appellees.

Glenda Lovell, Esq. (orally), Kennebunkport, Guardian ad Litem.

Dissenting: DANA, and CALKINS, JJ.

LEVY, J.

[¶ 1] The Department of Health and Human Services appeals from the judgment of the District Court (Springvale, Foster, J.) denying a petition to terminate the parental rights of Thomas H. and Holly L. to their two children pursuant to 22 M.R.S.A. § 4055 (2004). Although the court found the parents unfit, it concluded that it was not in the best interests of the children to terminate the parents' parental rights. The Department contends that...

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