In re Adoption Vanessa
In re Adoption Vanessa
Opinion of the Court
The father appeals from a decree issued by a Juvenile Court judge terminating his parental rights to his daughter, placing the child into the care of the Department of Children and Families (DCF), and approving a plan for adoption of the child.
1. Standard of review. "To terminate parental rights to a child and to dispense with parental consent to adoption, a judge must find by clear and convincing evidence, based on subsidiary findings proved by at least a fair preponderance of evidence, that the parent is unfit to care for the child and that termination is in the child's best interests." Adoption of Jacques,
On review of a decision to terminate parental rights, we give substantial deference to the judge and "reverse only where the findings of fact are clearly erroneous or where there is a clear error of law or abuse of discretion." Adoption of Ilona,
2. Termination decision. a. Stale evidence. Although the judge considered evidence admitted at a temporary custody hearing two years prior to trial, an abundance of relevant evidence, past and present, warranted the conclusion that the father was unfit to parent the child and would likely remain unfit in the future. The evidence showed that the father had failed to visit or even contact the child since August of 2015-more than eight months prior to the trial. He failed to complete his mandatory DCF service plans and ultimately ceased all contact with DCF. The father did not meaningfully participate in the termination proceedings-nor even attend the trial.
This evidence was not stale; rather, the father's "current absence from the child's life, lack of communication with DCF, and failure to attend the proceedings generally were relevant factors in determining whether to terminate [his] parental rights." Adoption of Talik,
Furthermore, because "a judge may rely upon a parent's prior pattern of behavior in determining parental unfitness," Adoption of Ramona,
b. Erroneous findings. The judge made over 150 detailed factual findings, based closely on the evidence, warranting the conclusion that the father was unfit to parent the child and likely would remain unfit in the future. The judge's findings were supported by the testimony of two closely-involved DCF social workers and thirty-two documentary exhibits. See Eleanor, 414 Mass. at 799 (findings "must be specific and detailed so as to demonstrate that close attention has been given the evidence"); Adoption of Anton,
In this light, the father's criticisms of the judge's findings after the temporary custody hearing are misplaced. Contrary to the father's argument, the judge did not base that decision solely on the father's lying to DCF and the mother's hospitalization. Rather, the judge based that decision on fourteen separate reasons, including the father's continued use of alcohol while caring for the child, leaving the child alone with the mentally ill mother despite promising not to do so, and his continued failure to maintain a safe living environment for the child. The judge's finding that "[a] clearly dirty and malfunctioning kerosene furnace in a small, enclosed place, with no carbon monoxide detector presents a danger" was well grounded in common sense, and the judge was not required to credit the testimony of the oil company representative who admitted that he was "not an expert in flammables or combustibles" and had no working sense of smell. The judge properly exercised "her discretion to evaluate a witness's credibility and to weigh the evidence" in making her factual findings. Adoption of Gillian,
c. Reasonable efforts. DCF "must make 'reasonable efforts' aimed at restoring the child to the care of the natural parents" before seeking to terminate parental rights. Adoption of Uday,
Here, DCF's lamentable failure to arrange the child's visitation while the father was incarcerated or to provide requested paperwork regarding particular services does not preclude the judge's finding of reasonable efforts.
Although the father was not provided with visitation during his incarceration, he was incarcerated only for three weeks in April, 2015, and some weeks between late June and early July, 2015. The father was not denied child visitation or DCF services after his release but rather chose to cease cooperation.
DCF ceased its permanent reunification efforts only after the father again failed to engage and comply with his service plans-including being evicted from housing for being highly intoxicated. He remains in complete noncompliance with his latest plan, and has had no contact with DCF or the child since August, 2015. The father's complaints about DCF's efforts ring hollow in light of his persistent failure to take advantage of those efforts. See Mario,
Decree affirmed.
The judge also terminated the mother's parental rights, but she withdrew her appeal of the decree prior to briefing.
For incarcerated parents, this includes reasonable efforts to enable the child's "regular visitation" and holding "case conferences and other consultations at the correctional facility." 110 Mass. Code Regs. § 1.10 (2008).
The father's claim that DCF's communications with a housing authority resulted in his inability to obtain housing required by his service plan is also without merit. DCF could respond with accurate information to the housing authority's request for the child's custody status, and the social worker had no knowledge or intent that such communications would have an adverse impact on the father's ability to obtain housing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.