IN RE CHILD OF BARNI A.

Docket: And-23-100.

314 A.3d 148 (2024)

2024 ME 16

IN RE CHILD OF BARNI A.

Supreme Judicial Court of Maine.

Decided: January 31, 2024.

Revised: March 7, 2024.


Attorney(s) appearing for the Case

Rory A. McNamara, Esq. (orally), Drake Law LLC, York, for appellant mother.

Aaron M. Frey, Attorney General, and Hunter C. Umphrey, Asst. Atty. Gen. (orally), Office of the Attorney General, Bangor, for appellee Department of Health and Human Services.

Jeremy Pratt, Esq., Pratt & Simmons, P.A., Camden, and Sumayya Saleh, Esq., Civil Rights Corps, Washington D.C., for amicus curiae Civil Rights Corps.

Julian Richter, Esq., Bath, for amicus curiae Maine Parental Rights Attorneys Association.

Lauren Wille, Esq., Disability Rights Maine, Augusta, for amicus curiae Disability Rights Maine

Carol Garvan, Esq., and Zachary L. Heiden, Esq., American Civil Liberties Union of Maine Foundation, Portland, and Zoe Brennan-Krohn, Esq., American Civil Liberties Union Foundation, San Francisco, California, for amici curiae American Civil Liberties Union and American Civil Liberties Union of Maine.

Panel: STANFILL, C.J., and MEAD, JABAR, HORTON, CONNORS, LAWRENCE, and DOUGLAS, JJ.


[¶1] Barni A. appeals from an order of the District Court (Lewiston, S. Driscoll, J.) terminating her parental rights to her younger child. She contends that the State of Maine's failure to provide her child with 24/7 private nursing care that he is legally entitled to receive under Maine's Medicaid Program, MaineCare, resulted...

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