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IN RE OLIVIA C.

Docket: And-08-431.

956 A.2d 103 (2008)

2008 ME 144

In re OLIVIA C.

Supreme Judicial Court of Maine.

Decided: September 16, 2008.

Attorney(s) appearing for the Case

Henry W. Griffin, Esq., Lewiston, ME, for the father.

G. Steven Rowe, Attorney General, Nora Sosnoff, Asst. Atty. Gen., Office of the Attorney, Augusta, ME, for the Maine Department of Health and Human Services.

Katherine McConnell, Esq., Portland, ME, Guardian ad litem.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

PER CURIAM.

[¶1] The father of Olivia C. appeals from the judgment of the District Court (Lewiston, Beliveau, J.) that found jeopardy, as to him, unproved but allowed the Department of Health and Human Services to retain custody of Olivia C., despite its failure to prove jeopardy as to the father pursuant to 22 M.R.S. 4035 (2007). The State concedes that upon the court's finding that the State had failed to prove jeopardy, the State lacked authority to...

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