In re Adoption of Quanye
In re Adoption of Quanye
Opinion of the Court
The mother appeals from a decree issued by a judge of the Juvenile Court terminating her parental rights to the child and dispensing with her right to consent to his adoption. We affirm.
Background. We begin with a brief summary of the facts, reserving other relevant facts for the discussion of the issues. In 2012, the mother gave birth to the child while she was incarcerated, and the child was placed in the care of the Department of Children and Families (department). The department initially established a plan for the mother to reunify with the child, but the mother failed to follow this plan and it was changed to one for adoption. In 2015, the mother stipulated to her unfitness. The following year, a termination trial proceeded over the course of three days in the Worcester Juvenile Court. The mother did not attend. After hearing all of the evidence, the judge determined that the mother's unfitness was likely to continue into the indefinite future and terminated her parental rights, dispensing with the need for her parental consent to adoption. This appeal followed.
Discussion. 1. Termination of mother's parental rights. A decision to terminate parental rights calls for a two-step analysis. See G. L. c. 210, § 3 ; Adoption of Nancy,
a. Change in the permanency plan. The mother stipulated to her unfitness at trial and is not challenging the finding of unfitness on appeal. Rather, she argues that the judge erred by terminating her parental rights because the department did not have a plan in place for the child beyond continued custody by the department. This argument, however, relies on events that took place posttrial. Prior to, and during trial, the plan for the child remained permanency through adoption with the child's foster parent, and the child resided in the preadoptive home at the time of trial. Any disruption in the child's placement occurred after trial and after the entry of the judge's finding of unfitness and the decree terminating the mother's parental rights. Accordingly, not only is the mother's argument factually incorrect in that there was an adoption plan in place at the time the judge terminated her parental rights, "but in the absence of extraordinary circumstances, not here present, the mother may not rely on posttrial changes in a proposed plan for the child to reopen the proceedings." Adoption of Scott,
Regardless, the judge found that any change in the permanency plan did not affect her findings regarding the mother's unfitness and whether the mother's parental rights should be terminated. "Although a factor, the absence of imminent adoption prospects does not, by itself, invalidate a decision to terminate parental rights." Adoption of Jacques,
The mother's argument pertaining to the violation of her fundamental rights when the department failed to place the child with various family members is also without merit. After she gave birth, the mother proposed that the child be placed with either of two specific family members. At trial, however, she did not present such a plan to the judge. Rather, at the close of all the evidence, the mother's counsel simply asked for reunification. Accordingly, her argument that the judge failed to consider her alternative plan is waived. Atlas Tack Corp. v. DiMasi,
b. Clear and convincing evidence supports termination. The record provides clear and convincing support for the judge's conclusion that termination of the mother's parental rights is in the child's best interests. The judge concluded that the mother's unfitness was likely to continue into the future, and the record shows that since the child's birth, the mother has failed to make any consistent and significant improvements to support reunification with the child. First, the mother failed to make any progress in her service plan. She did not attend parenting services, therapy, anger management classes, or substance abuse treatment; she also failed to undergo a second psychological evaluation, and never obtained suitable housing or a job. Second, the mother also failed to make an effort to visit with the child and develop a relationship with him. See Adoption of Jacques,
As a result, the child was not affectionate toward the mother and did not refer to her as his "mom." See Adoption of Rhona,
Accordingly, based on all the evidence, the judge's conclusion that termination would serve the best interests of the child constitutes neither an abuse of discretion nor a clear error of law.
2. Due process. Next, the mother argues that the judge violated her due process rights when the judge proceeded to trial without her being present. We disagree.
"Due process concerns and fundamental fairness require that a parent have an opportunity effectively to rebut adverse allegations concerning childrearing capabilities, especially in a proceeding that can terminate all legal parental rights." Adoption of Mary,
At the beginning of the trial, the judge noted that the attempts to arrange for the mother to participate in the trial by video conferencing from Boston Juvenile Court had been unsuccessful.
3. Visitation plan. Lastly, the mother argues that she should be able to visit with the child while the child awaits permanent placement. When determining whether to grant posttermination visitation, the judge must focus on the best interests of the child. See Adoption of Helen,
Decree affirmed.
The putative father's rights were also terminated; he did not file a notice of appeal.
The judge acknowledged the "financial burden [on the mother] to get from Boston to Worcester on public transportation."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.