Adoption of Ramon

672 N.E.2d 574, 41 Mass. App. Ct. 709, 1996 Mass. App. LEXIS 863
CourtMassachusetts Appeals Court
DecidedNovember 25, 1996
DocketNo. 95-P-1715
StatusPublished
Cited by14 cases

This text of 672 N.E.2d 574 (Adoption of Ramon) 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 Ramon, 672 N.E.2d 574, 41 Mass. App. Ct. 709, 1996 Mass. App. LEXIS 863 (Mass. Ct. App. 1996).

Opinion

Warner, C.J.

The parents appeal from a decision of a [710]*710District Court judge adjudicating their son, Ramon, now age five, to be a child in need of care and protection and dispensing with the need for his parents’ consent to his adoption. We must decide whether the judge’s findings of fact were clearly erroneous and whether they show clear and convincing evidence of parental unfitness.

The proceedings began under G. L. c. 119, § 24; the Department of Social Services (department) then moved for the court to determine whether it would be in Ramon’s best interests to dispense with parental consent to his adoption. See G. L. c. 119, § 26(4); G. L. c. 210, § 3. After a trial on the merits of the department’s petition, the judge issued his decision.

Certain undisputed facts were found by the judge and are as follows. Ramon was bom on July 27, 1991, twenty-one days after his parents were married. The father abused alcohol and marijuana and would often become violent. When the mother feared for her safety during one of his rages, she had her parents come to their residence to add substances to the father’s drinks so that he would fall asleep. The father would embark on drinking binges at least two times a month when the family received their welfare check. The parents were often unable to budget their money to provide healthy foods for the entire month.

On August 28, 1992, the father was arrested for attacking the mother. She posted bail for him. The family came to the department’s attention due to that incident. On August 29, 1992, a report of neglect of Ramon was filed pursuant to G. L. c. 119, § 51 A, as a result of the father’s arrest for domestic assault and battery. An investigation mandated under G. L. c 119, § 5IB, to evaluate the § 51A report of neglect of Ramon due to domestic violence between the parents revealed that the mother could not care for Ramon while the father was in jail because “Ramon reminded her too much of [the father].”

Between September, 1992, and March 3, 1993, the department conducted an assessment of the family and attempted to arrange services for them. At the family’s residence, shortly before they were evicted, the department’s social worker, Gina Parlee, observed piles of garbage in the sink, no food in the refrigerator, cat feces covering the floor, and cockroaches and flies. Visiting nurse services were provided by Nancy [711]*711Howes, a nurse with the Visiting Nurse & Health Services of Franklin County (VN & HS). Sue Williams, also of the VN & HS, began providing counseling to the parents in the fall of 1992. Jay Killough of REACH, an early intervention program for children with developmental disabilities, also began providing services to the family at that time. In addition, Par-lee made a referral to Beacon Clinic for alcohol counseling for the father in November, 1992. However, the suggestions for improving personal hygiene, cleaning their dwelling and improving their nutrition and Ramon’s medical care were not followed and the father refused to participate in the substance abuse program. The parents were also erratic in keeping Ramon’s medical appointments.

In spring of 1993, Ramon’s genitals swelled to twice their normal size and bled for two days from a severe diaper rash. His parents, however, did not make a doctor’s appointment until Howes made a home visit and insisted that they do so. At the home, Howes observed that Ramon had been wearing a soiled diaper for a long time. She as well as Parlee observed that the family had chronic personal hygiene problems: the mother showered once a month, the father showered once every two months and Ramon was bathed once or twice a week. When the parents failed to bring Ramon to the appointment for his diaper rash and Parlee could not locate them at their residence, the department exercised emergency custody pursuant to G. L. c. 119, § 51B(3), and filed the care and protection petition.

This occasion was not the only time Ramon’s parents neglected his medical care or missed scheduled doctor’s appointments. On April 14, 1993, Howes found that medication for Ramon’s ear infection, which was to be administered three times a day, had not been given at all. Pediatric medical records revealed that scheduled appointments were not kept, Ramon had a variety of “unexplained bruises,” he and his parents were dirty when they came to the doctor’s office, and Ramon was behind in his vaccinations.

On May 1, 1993, the mother suffered a spinal cord injury in an automobile accident. At the Cooley Dickinson Hospital, the father left his son unattended for approximately forty-five minutes. The hospital filed an emergency § 51A report and the department exercised its legal custody under the existing care and protection order and placed Ramon with foster [712]*712parents. Ramon adjusted easily to his foster home following his placement in May, 1993.

From October, 1993, to August, 1994, the father continued to abuse the mother physically. She obtained a G. L. c. 209A restraining order against him at one point while she stayed in a homeless shelter. The two also lived at various other locations during that time. In approximately October, 1994, the father was again arrested for assault and battery on the mother. The father had thrown a telephone at her, hit her in the elbow, and threatened to kill her. The father was subsequently found guilty of assault and battery and threatening to commit a crime (murder), and was given a suspended sentence of ten days in a house of correction. Due to this incident, the mother was taken by ambulance to the hospital with an elbow injury that required a cast.

To facilitate reuniting the parents with Ramon after Ramon came into the department’s custody, the department arranged for a relative to care for Ramon and supervise weekend visits. Ramon was placed in the relative’s care on October 8, 1993. However, except for one visit by the mother, neither parent came to see Ramon for the next month. Ramon was then returned to his original foster parents. After May, 1994, although parental visits were available two times a month, the parents only visited Ramon three times until the trial in February, 1995.

While Ramon lived with his relative, his foster parents had taken care of another foster child. Ramon became attached to this child when he was returned to his foster parents. When the child was returned to his parents in December, 1993, Ramon began experiencing “severe night terrors,” which, at their worst, would wake him up every ten to twenty minutes.

Therapeutic treatment to alleviate this condition was provided by James Porter, a psychotherapist with the Valley Programs Clinic. Porter engaged in “play therapy” with Ramon. The sessions revealed a recurrent theme expressed by Ramon: the terrorization of a “mother” puppet by a “wolf’ puppet. During this “play,” Ramon would also talk about a third puppet, which was a child being left alone while the mother puppet expressed concern about it. Both foster parents were involved throughout this therapy, consulted Porter for advice on several occasions, and facilitated Ramon’s improvement through their nurturing care. The sessions eventually ended as the nightmares became much less frequent. [713]*713Upon review of the record, we conclude that the following findings of fact of the judge were supported by the evidence and were not clearly erroneous. Further, we conclude that the record contained clear and convincing evidence of parental unfitness.

A.

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Cite This Page — Counsel Stack

Bluebook (online)
672 N.E.2d 574, 41 Mass. App. Ct. 709, 1996 Mass. App. LEXIS 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-ramon-massappct-1996.