In re Adoption of Maisie
In re Adoption of Maisie
Opinion of the Court
The mother and father appeal from decrees terminating their parental rights, as well as the posttermination visitation order. We remand for clarification regarding the termination of parental rights and the visitation order.
1. Sufficiency of the evidence regarding the father's unfitness.
A decision to terminate parental rights calls for a two-step analysis. See G. L. c. 210, § 3 ; Adoption of Nancy,
Although the father argues that his addiction does not negatively impact the children (born in 2009 and 2012), the evidence in this case established that the father's drug use was one of several factors that made him unable to provide for them. The judge found that the father failed to "participate in therapy, parenting classes, [or] the father group, [and] did not obtain a safe and appropriate home for the children." Despite his opiate addiction, the father failed to consistently participate in treatment and often failed to provide drug screens. See Adoption of Lisette,
The judge also determined that the father's drug use has contributed to his criminal record. Though not conclusive, a parent's criminal record bears on his fitness and may properly be considered. Care & Protection of Frank,
2. Termination of parental rights and posttermination visits. Both parents challenge the termination of their parental rights. "After ascertaining unfitness, the judge must determine whether the parent's unfitness is such that it would be in the child's best interests to end all legal relations between parent and child." Adoption of Nancy,
The judge specifically terminated the parental rights of the mother and father and dispensed with the need for their consent to adoption under G. L. c. 210, § 3. The judge also found that "[b]oth [the Department of Children and Families (DCF) ] and the children (through counsel) support terminating the parents' rights thereby freeing the children to be adopted by their maternal grandmother." When an adoption is approved, termination of parental rights is mandated. See G. L. c. 210, § 6. See also Petition of the Dep't of Social Servs. to Dispense with Consent to Adoption,
Here, the record shows that the goal for the children at the time of trial was guardianship by the maternal grandmother rather than adoption. The maternal grandmother testified that her "discussions with [DCF] have been to do a guardianship ... so that [she] can financially provide for [the children] until they're 18." The maternal grandmother also testified that her income was "assistance from DCF [and] Social Security Disability."
The judge should have determined whether terminating the mother's and father's parental rights was in the best interests of the children given the fact that the goal was for the maternal grandmother to become the children's guardian, rather than their adoptive parent. A judge must "consider the plan proposed by the department" when weighing the best interests of the children. G. L. c. 210, § 3 (c ). Here, the judge failed to meaningfully consider and evaluate that guardianship was the goal for the children. Contrast Adoption of Lars,
We conclude that remand is necessary for the judge to clarify the termination of parental rights determinations. Where the posttermination visitation order was based on the maternal grandmother adopting the children, the visitation order also requires reconsideration.
3. Conclusion. The findings of unfitness as to the parents are affirmed. The decrees are vacated, and the case is remanded to the Juvenile Court for further proceedings consistent with this memorandum and order.
So ordered.
Affirmed in part; vacated in part and remanded.
Although argued in her brief, the mother's counsel conceded at oral argument that the mother is not challenging the judge's finding that she is unfit.
At oral argument, the parties agreed that the maternal grandmother would not receive financial assistance from DCF if she adopted the children.
We note that the record does not include a permanency plan, nor does it appear that a permanency plan was before the judge during trial.
Although the children argue on appeal in favor of affirming the decrees, they "acknowledge that if there were a remand to re-evaluate the possibility of a guardianship, ... the visitation order may also need refining."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.