In re Adoption Marco
In re Adoption Marco
Opinion of the Court
The mother appeals from a decree finding her unfit to parent Marco and terminating her parental rights and dispensing with the need for her consent to his adoption.
Background. The trial took place over the course of fifteen days between May and October of 2016. After reviewing sixty-six exhibits and the testimony of twenty-two witnesses, a Juvenile Court judge made 223 findings of fact and twenty conclusions of law that were "both specific and detailed, demonstrating, as we require, that close attention was given to the evidence." Adoption of Don,
The mother and father were born in Uganda. Sarah was born in Uganda in July, 2002; the mother moved to the United States after Sarah was born, leaving her in the care of relatives in Uganda. Amy was born in Boston in September, 2005. When Amy was two months old, the mother took her to Uganda and returned to the United States alone, leaving Sarah and Amy (the girls) in the care of relatives. The father moved to the United States in 2010. The mother and father have been in a relationship since 2011. They live together, but are not married. In March, 2012, the girls came to the United States to live with the mother and father. Marco was born in January, 2013.
The girls' life with the mother and father was marked by frequent and severe physical and emotional abuse. We need not recount the judge's extensive findings detailing the abuse, as the mother does not challenge the conclusion that she is currently unfit to parent the girls, and that termination of her parental rights is in the girls' best interests. It suffices to note that on June 6, 2014, the Department of Children and Families (department) became involved after a mandated reporter at Sarah's school observed marks and welts on Sarah's body. Sarah disclosed that the father had shaved her head as punishment and that he had hit her and Amy with a plunger stick and belt. During the investigation that immediately followed this disclosure, both parents acknowledged using physical discipline on the girls. The father admitted that he had struck Sarah five times the previous night. He did not appear remorseful and showed no emotion while discussing his actions. The father was arrested for striking the girls, and all three children were removed from the home the same day.
Both girls showed signs of trauma after they were removed. They did not want to visit the parents, and Sarah expressed particular concern for Marco's safety should he be returned to the parents' custody.
Sarah, then age eleven, was Marco's primary caretaker while the mother worked and the father watched television, talked on the telephone, or slept. Although Sarah was forced to prepare fresh meals for the parents, the children were required to eat spoiled food that caused Marco to get sick. Several times, Sarah returned home from school to discover Marco home alone. On one occasion, Marco was by himself as food cooked on the stove. The father told Sarah that he would hit Marco if Marco misbehaved like the girls.
Both parents characterized the physical abuse as normal discipline in Uganda. Neither has taken responsibility for abusing the girls. The mother stated that the father " 'has been a good father' to her children," and she declined to separate from him despite the girls' fear for their own safety and the safety of Marco.
In January, 2016, the parents were indicted for abusing the children, including Marco.
After considering the factors set forth at G. L. c. 210, § 3 (c ), the judge concluded that the parents are unfit. She found that both parents had physically abused the girls and that the father emotionally abused the girls, physically abused Marco on one occasion, and neglected Marco by leaving him home alone, allowing him to witness abuse of the girls, and giving him spoiled food. The judge also found that although the mother knew of the father's abuse of the children, she "failed to protect the children and failed to intervene. She refused to separate from Father [in spite of being told by the department that staying with him would hurt her ability to regain custody of the children] and has denied and minimized the reports of abuse and neglect." The judge also concluded that the parents do not understand the negative impact of abuse on children, and that their "continued denial of the abuse and their inability to acknowledge the impact of the abuse on the children ... demonstrates that the children remain at risk of abuse if returned to the parents." The judge approved the department's adoption plan for Marco.
Discussion. The mother claims that the judge's findings regarding Marco are based solely on evidence regarding the girls, and that there is no nexus between the mother's conduct with the girls and her current ability to parent Marco. The father claims that the judge's findings of his abuse and neglect of Marco are clearly erroneous and that, in any event, they do not establish the father's current unfitness by clear and convincing evidence. We disagree.
"In deciding whether to terminate a parent's rights, a judge must determine whether there is clear and convincing evidence that the parent is unfit and, if the parent is unfit, whether the child's best interests will be served by terminating the legal relation between parent and child." Adoption of Ilona,
Here, the mother's history of parenting the girls had prognostic value that the judge was entitled to consider when deciding her fitness to parent Marco. Adoption of George,
The judge's findings that the father abused and neglected Marco are based on Sarah's testimony, which the judge explicitly credited. We discern no clear error in those findings. They were corroborated, in part, by evidence of Marco's significant developmental delays in communication and social skills.
"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,
Decrees affirmed.
The mother's rights were also terminated as to her two older children, Sarah and Amy (pseudonyms). On appeal, she challenges the termination of her parental rights as to Marco only.
Marco's father is not the father of Sarah and Amy. Our use of "father" in this memorandum and order refers only to Marco's father. The fathers of Sarah and Amy are not involved in this appeal.
Marco's birth certificate states that he was born in January, 2013. The judge found that he was born in April, 2013. Nothing turns on this discrepancy.
Sarah asked to meet with the director of the department's area office in order to express her fear that Marco would be abused if he returned home.
The mother was also present for some of the beatings, but did not intervene or seek medical assistance for the girls.
The girls asked why the father was not in jail, and Amy expressed fear about the father's contact with the mother and Marco.
The father was indicted on charges of trafficking persons under eighteen for forced services, assault and battery by means of a dangerous weapon on a child under fourteen, assault and battery on a child causing bodily injury, reckless endangerment of a child, and assault and battery. The mother was indicted on charges of assault and battery by means of a dangerous weapon on a child under fourteen, assault and battery on a child causing bodily injury, and reckless endangerment of a child.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.