In re Adoption (And
In re Adoption (And
Opinion of the Court
After trial, a judge of the Juvenile Court found the father unfit to parent his two daughters, Maryanne and Sara, terminated his parental rights, and approved the adoption plan of the Department of Children and Families (department), pursuant to G. L. c. 210, § 3. On appeal, the father contends that (1) the department failed to furnish adequate support services in order to transition the children to his care; (2) the judge failed to consider much of the evidence favorable to him; and (3) the judge placed inappropriate weight on the children's bonds with the foster parents. We affirm.
1. Background. We summarize the relevant facts and procedural history from the judge's findings. Following investigation of reports of neglect, in October, 2011, the department filed a care and protection petition, pursuant to G. L. c. 119, § 24, on behalf of Maryanne (born in August, 2011), and obtained temporary custody of her. While that petition was pending, the mother and the father had another child, Sara, in July, 2012. One day after her birth, the department filed a care and protection petition on behalf of Sara, and was granted temporary emergency custody of her as well. The children were placed with the same foster parents, who are also the preadoptive parents, and with whom they have remained during the course of the proceedings.
In September, 2013, after the two petitions were consolidated, a trial commenced. At the conclusion of trial, the mother and the father stipulated that they were currently unfit and that the children were in need of care and protection. Following a multiday trial in November and December, 2014, the judge found the children in need of care and protection, terminated the mother's parental rights,
Two experts conducted assessments of the father before trial resumed in November, 2015. Both testified during this phase of the trial. Based on all of the evidence, the judge concluded that the father remained unfit and that it was in the children's best interests to terminate the father's parental rights. Most notably, he found that the father suffers from lasting anger management issues, has little insight into his extensive history of perpetrating domestic violence, and lacks insight into the children's special needs and their ability to overcome a disruption of their attachment to their foster parents.
2. Termination of parental rights. A decision to terminate parental rights requires a two-step analysis. See G. L. c. 210, § 3 ; Adoption of Nancy,
"Parental unfitness must be determined by taking into consideration a parent's character, temperament, conduct, and capacity to provide for the child in the same context with the child's particular needs, affections, and age." Adoption of Mary,
Here, the judge's detailed findings of fact and conclusions of law clearly and convincingly establish the father's unfitness. The judge properly applied the statutory criteria of G. L. c. 210, § 3(c ), in arriving at this conclusion. The father does not challenge any of the findings of the judge as erroneous, nor does he directly challenge the finding that he remained unfit.
a. Inadequate support services. The father contends that the department did not do enough to reunite him with his children during the period after the 2014 finding of unfitness, in violation of its duty to "make 'reasonable efforts' aimed at restoring the child to the care of the natural parents" before seeking to terminate parental rights. Adoption of Ilona,
Even if the department had failed to meet its obligation of reasonable efforts, however, that would "not preclude the court from making any appropriate order conducive to the child's best interest." Adoption of Ilona,
b. Consideration of father's efforts. The father next contends that the judge's decision to terminate his parental rights was unsupported because the judge inappropriately ignored evidence proving that he had benefited from the services he received. Contrary to this assertion, the judge specifically considered that the father completed anger management classes and domestic violence programs, participated in an autism support group, was participating in individual counseling, and attended all visits with the children. However, the judge also considered that the father continues to lack insight into his parenting deficiencies, has minimized his domestic violence and anger issues, and has demonstrated an inability to consistently cooperate with service providers and the department or sustain meaningful improvements. Although the father relies on the testimony of his own expert concerning his progress, the judge was entitled to rely on the competing expert. See Custody of Two Minors,
While the father is to be lauded for the positive steps he has taken to improve his situation, good intentions are not alone sufficient indicia of ability adequately to care for children. See Care & Protection of Three Minors,
c. Children's attachment to the foster parents. The judge found that the children "have formed a secure primary attachment to" the foster parents, but "have little attachment to the father." The father argues that the judge's conclusion that the children "have formed a very strong bond with" the foster parents did not comport with the applicable law regarding bonding as a basis to terminate his parental rights. See G. L. c. 210, § 3(c)(vii). He argues that the judge instead impermissibly compared which caretaker might be better for the children. In determining whether to terminate a parent's rights, a trial judge must consider the best interests of each of the children individually. See Petitions of the Dept. of Social Servs. to Dispense with Consent to Adoption,
Here, the judge found that the father had no understanding of the children's psychological and emotional needs. Since birth, Sara's condition has been medically complex, requiring early intervention services. Maryanne requires special services for autism and speech delays. From all that appears in the record, both children will continue to require constant medical monitoring and special care, and the judge found that a bond has formed between the children and the foster family, who have demonstrated a high degree of commitment to the children's special needs.
Although a child's bond with his or her foster parents cannot be the sole basis for a decision to terminate parental rights, the existence of such a bond may be given weight when there is other evidence of parental unfitness, as is true in the instant case. See Adoption of Frederick,
Decrees affirmed.
The mother did not appeal from the termination of her parental rights.
He does briefly argue that the "evidence supporting the judge's finding of unfitness is stale" because it is based on the "circumstances that necessitated the filing of the Petition and not on his parenting ability at the time of the trial." Yet, the judge made nearly 100 findings that deal directly with the father's status as of the November, 2015, trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.