In re Thomas H.

Majority: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, and SILVER, JJ.

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 the court abused its discretion by not…