In re A.P. - Maybe Moot before Maine Supreme Court Can Decide DHHS Right to Direct DNR over Mother Trask's Objections

Last weekend, I quickly summarized a futility case now pending before the Supreme Court of Maine:  In re A.P. [Aleah Peaslee], KEN-14-192.



This is not a traditional futility conflict, because it is not between the patient's surrogate and the patient's healthcare providers.  Instead, the dispute is between a baby's mother (Virginia Trask) and the Maine Department of Health and Human Services who has taken (temporary) custody of the child.



Because of baby Aleah's severe injuries, DHHS pursued a do not resuscitate order contrary to the mother's wishes.  On April 24 Augusta District Court agreed with DHHS. Trask appealed.  The Maine Supreme Court is scheduled to hear the case on September 23.



But now both the DHHS Commissioner and the Governor of Maine agree with Trask that DHHS cannot consent to a DNR order unless Trask's parental rights have first been terminated.



That agreement would seem to eliminate the controversy and moot the case.  Indeed, the state has moved to dismiss the appeal.  But hopefully the court will proceed to rule in the case to provide guidance should the next governor have a different policy.