Adoption of Eduardo

782 N.E.2d 551, 57 Mass. App. Ct. 278, 2003 Mass. App. LEXIS 161
CourtMassachusetts Appeals Court
DecidedFebruary 4, 2003
DocketNo. 02-P-659
StatusPublished
Cited by14 cases

This text of 782 N.E.2d 551 (Adoption of Eduardo) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption of Eduardo, 782 N.E.2d 551, 57 Mass. App. Ct. 278, 2003 Mass. App. LEXIS 161 (Mass. Ct. App. 2003).

Opinion

Doerfer, J.

This is an appeal by a mother from a Worcester Juvenile Court judge’s grant of a petition of the Department of Social Services (DSS) to dispense with her consent to the adoption of her son pursuant to G. L. c. 210, § 3. The mother argues (1) that DSS had a conflict of interest and that the trial judge erred in denying her motion to strike its appearance as the petitioner in this case; (2) that DSS did not accommodate her manifest mental health needs as required by various State and Federal disability laws and by the statutory requirement under G. L. c. 119, § 1, that DSS strengthen and encourage family life; and (3) that the court impermissibly treated her mental illness as per se evidence of unfitness and that there was insufficient evidence of a nexus between her mental disability and her alleged unfitness to justify the termination decree. We affirm.

1. Conflict of interest. The mother has a long and antagonistic history with DSS. She herself was in foster care under DSS auspices until the age of three and one-half, at which time she was adopted. Thereafter, she had a continuing series of difficulties as a child and adolescent resulting in outpatient and inpatient treatment at various mental health facilities. She and her adoptive mother attribute her difficulties to alleged abuse while she was in foster care prior to her adoption, and they had brought an action against DSS in regard to that alleged abuse prior to and during the pendency of the present petition.

In light of this history, the intervention of DSS in connection with the mother’s care of Eduardo was viewed by the mother with suspicion and hostility. Recognizing this, DSS assigned its duties for supporting the family to the Center for Human Development (CHD). That agency worked with the mother, explained and reviewed the service plans, and attempted to arrange for the provision of specific services so that she could overcome her difficulties and deficits as a parent. CHD began working with the family in October, 1999, prior to Eduardo’s removal in November, 1999, and continued to try to work with the mother until April, 2000 — at which point the goal changed [280]*280to adoption due to the mother’s lack of cooperation and progress. Management of the case then reverted to DSS.

The mother sought to strike the appearance of DSS at trial, focusing on the pending litigation for “wrongful adoption” and supplementing her argument by reference to alleged unfair treatment during the intervention of DSS in the matter before us. There was, however, no evidence that DSS was motivated by extraneous factors in these proceedings because it was being sued for money damages by the plaintiff in another action. There was no evidence of animosity by DSS toward the plaintiff unrelated to its concerns for the child, or that DSS was seeking to punish the mother for bringing a suit against it, or to put pressure on her to abandon her suit in the hope that DSS would be more receptive to her claims that she was a satisfactory parent.

The mere pendency of the other litigation is not sufficient to compel an inference that there was an improper ulterior motive behind the present case. There need be no per se rule that the mere pendency of litigation by a parent against DSS requires disqualification of DSS as an advocate against that parent in a custody case. Such an inflexible approach is not required to preserve the integrity of the process and could lead to undesirable litigation strategies. “The opportunity to cross-examine the witnesses from the department who testify, if any, is sufficient to show possible bias and conflicts of interest.” Petition of the Dept. of Social Servs. to Dispense with Consent to Adoption, 384 Mass. 707, 716 n.17 (1981). Where there is “clear and convincing evidence of [parental] unfitness that is either uncontested or not dependent upon DSS, [and where] the judge [is] fully aware of the potential for bias and therefore able to give the testimony from DSS its appropriate weight,” there is no per se need to disqualify DSS as the petitioner, and the judge’s decision to dispense with the mother’s consent to adoption can be reviewed on the merits. Adoption of Natasha, 53 Mass. App. Ct. 441, 452 (2001). Cf. Petition of the Dept. of Social Servs. to Dispense with Consent to Adoption, supra at 710-713.

The evidence in the case was provided by a variety of witnesses, few closely affiliated with DSS. Only two of the ten wit[281]*281nesses at trial were DSS employees: a case manager and an adoption supervisor. Three were from independent agencies that had tried to help the mother.2 The mother was represented vigorously throughout the trial. All adverse witnesses were subject to cross-examination, thereby providing an occasion to flush out any biases based upon allegiance to DSS. Accordingly, we conclude that, in the circumstances of this case, DSS’s appearance as the petitioner was proper.

2. Accommodating the mother’s mental health needs and strengthening family life3 The trial judge properly found by ample evidence that DSS repeatedly offered services to the parents and that these services were designed and intended to correct or alleviate the parents’ problems. All such efforts to help clean up an extraordinarily filthy apartment, secure new housing, teach them to parent Eduardo better, properly handle domestic issues, and identify and treat any mental health problems were rebuffed. The mother also consistently refused evaluation for psychiatric problems, even when required by service plans to which she agreed and court orders she accepted. She failed to continue treatment with her therapist and to take the medications prescribed by her physician.

“DSS’s obligation to work with the mother was contingent upon her own obligation to fulfill various parental responsibilities, including seeking and utilizing appropriate services.” Adoption of Serge, 52 Mass. App. Ct. 1, 9 (2001). Compare Care & Protection of Elaine, 54 Mass. App. Ct. 266, 273-274 (2002). “If a parent believes that [DSS] is not reasonably accommodating a disability, the parent should claim a violation of his rights under either the [Americans with Disabilities Act] or other antidiscrimination legislation, either when the parenting plan is adopted, when he receives those services, or shortly thereafter. At that point, the court or the department may address the parent’s claim.” Adoption of Gregory, 434 Mass. 117, 124 (2001). Here, not only did the parent fail to raise the inadequacy [282]*282of services for her special needs, but she also consistently refused to admit that she had problems that needed addressing. Because the mother failed to make use of the services offered to strengthen and then reunify her family and denied her mental health needs by refusing both evaluation and treatment, she cannot successfully argue that DSS’s reasonable efforts failed to accommodate properly her mental health needs or to strengthen her family. See Adoption of Mario, 43 Mass. App. Ct. 767, 774 (1997).

3. The nexus between the mother’s mental illness and her ability to parent Eduardo. The mother claims that the trial judge’s findings “reveal that he treated [the] Mother’s illness not as a disability to be overcome by competent case work but as evidence of unfitness” and that the evidence did not link the mother’s mental illness to harm to Eduardo.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ADOPTION OF KALID (And a Companion Case).
Massachusetts Appeals Court, 2026
Adoption of Doretta
Massachusetts Appeals Court, 2026
Adoption of Fitch.
Massachusetts Appeals Court, 2026
ADOPTION OF OBA (And Two Companion Cases).
Massachusetts Appeals Court, 2025
ADOPTION OF JANICE (And a Companion Case).
Massachusetts Appeals Court, 2025
Adoption of Karlotta.
Massachusetts Appeals Court, 2025
Adoption of Sally.
Massachusetts Appeals Court, 2025
Adoption of Leah.
Massachusetts Appeals Court, 2024
Adoption of Isar.
Massachusetts Appeals Court, 2024
Care and Protection of Peony.
Massachusetts Appeals Court, 2023
ADOPTION OF OPAL (And Two Companion Cases).
Massachusetts Appeals Court, 2023
ADOPTION OF OTTO (And Two Companion Cases).
Massachusetts Appeals Court, 2023
In re Adoption (And
103 N.E.3d 1237 (Massachusetts Appeals Court, 2018)
In re Adoption Vanessa
94 N.E.3d 438 (Massachusetts Appeals Court, 2017)
Care and Protection of Vick
54 N.E.3d 565 (Massachusetts Appeals Court, 2016)
People ex rel. T.D.
140 P.3d 205 (Colorado Court of Appeals, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
782 N.E.2d 551, 57 Mass. App. Ct. 278, 2003 Mass. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-eduardo-massappct-2003.