Adoption of Willow

745 N.E.2d 330, 433 Mass. 636, 2001 Mass. LEXIS 186
CourtMassachusetts Supreme Judicial Court
DecidedApril 6, 2001
StatusPublished
Cited by58 cases

This text of 745 N.E.2d 330 (Adoption of Willow) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adoption of Willow, 745 N.E.2d 330, 433 Mass. 636, 2001 Mass. LEXIS 186 (Mass. 2001).

Opinion

Marshall, C.J.

This appeal arises from petitions of the Department of Social Services (department) to dispense with the need for a mother’s and a father’s consent to the adoption of their three children. G. L. c. 210, § 3. The mother, a resident of Massachusetts, is divorced from the children’s father, who resides in Oklahoma with his current wife. A judge in the Juvenile Court allowed the department’s petition with respect to the mother only. He found that the father was currently unfit to assume his parental responsibility and likely to remain so indefinitely, but denied the petition as to the father because of insufficient evidence.

The mother brought this appeal.2 She challenges on statutory and constitutional grounds the termination of her parental rights where the judge did not simultaneously terminate the parental rights of the father. The mother also maintains that the judge did not make adequate findings of fact concerning the effects of a geographic separation of the three siblings. We granted the mother’s application for direct appellate review. We affirm the decrees.

I

A

On February 5, 1997, the department filed care and protection petitions on behalf of three children, Nancy (born June 25, 1987), Willow (born December 10, 1989), and Gregory (born June 9, 1991). The department received temporary custody of all three children, who were living at the time with their mother on Cape Cod. See G. L. c. 119, § 24. On November 24, 1997, [638]*638the mother agreed that the children should be placed in the permanent custody of the department. The whereabouts of the children’s father were unknown to the department at that time. On July 27, 1998, a judge in the Juvenile Court allowed the department’s motion to amend its pleadings in order to dispense with the mother’s and the father’s consent to the adoption of the three children.

Over the course of these proceedings, the department established a series of service plans, each of which identified separate goals for the mother, the children and, once he was located, the father. Prior to the removal of the children from her care, the goal for the mother was to “stabilize” the family. In May, 1997, the goal was to “reunify” the children with her, but in every subsequent plan the goal was “adoption.”

In September, 1998, an attorney for the father notified the court that the father had been located and was living in Oklahoma. In October, 1998, the father appeared in court for the first time and expressed his desire to regain custody of his children. In view of his late appearance in the case, a judge ordered that previously filed court investigative reports be updated so that information concerning the father could be obtained. The goal of the department’s first and only service plan for the father, covering the period April 30, 1999, through October 31, 1999, was to “[rjeunify [fjamily” with the children. To that end, in April, 1999, the department initiated an interstate home study to determine whether the father could properly care for his children in Oklahoma.3 On August 6, 1999, shortly before the trial commenced, the department was informed by the Oklahoma Department of Human Services that it did not recommend that the children be placed with their father. The Oklahoma social worker who conducted the evaluation [639]*639expressed concerns that the father, a victim of sexual abuse and a substance abuser, did not have the ability to meet the needs of the children, particularly as there were few resources available to the father in his rural community to assist him.

By August, 1999, when a three-day trial on the department’s petitions was conducted before a judge in the Juvenile Court, the department’s goal for all three children was adoption. See Part II, infra. The department introduced in evidence its plans to recruit adoptive resources actively and to identify prospective adoptive families for the two younger children, Willow and Gregory. Its plan for Nancy, the oldest child, was adoption by her current foster family. The father testified that he sought custody of Willow and Gregory, but agreed to consent to Nancy’s adoption by her foster mother. See note 2, supra.

On September 10, 1999, before the judge issued his decision, the department filed permanency plans providing for placement for adoption of all three children. See G. L. c. 119, § 29B.4 Neither parent filed an objection, and the plans were approved by a judge on October 20, 1999.

On December 31, 1999, the trial judge filed extensive findings of fact and conclusions of law. He determined that both the mother and the father were currently unfit to assume parental responsibility for the children, and that the unfitness of each “is likely to continue into the indefinite future to a near certitude.” He further concluded that it was in the best interests of all three children to terminate the mother’s parental rights, but that there was not sufficient evidence to terminate the father’s parental [640]*640rights. See G. L. c. 210, § 3 (c) (Supp. 1999). The judge adjudicated the children in need of care and protection, G. L. c. 119, and ordered that they be committed to the custody of the department “until they reach the age of eighteen (18) years or until, in the opinion of the Department, the goal of their commitment has been accomplished.” The judge dispensed with the need for the mother’s consent to any legal proceeding affecting the custody, guardianship, adoption, or other disposition of the children. G. L. c. 119, § 26 (4). The judge also determined that Nancy’s best interests would be served if she were to remain in her current foster placement.

B

The mother does not challenge any of the judge’s comprehensive findings of fact, including his finding that she is unfit to parent her children. Other than her argument concerning the judge’s decision not to terminate the father’s rights at the same time, she does not dispute the judge’s finding that it is in the best interests of the children to terminate her parental rights. We summarize the findings in some detail, as they help to illustrate our discussion of her legal claims.

The trial evidence focused on the severe abuse and neglect suffered by the three children before they were placed in the department’s care. The mother, who had custody of the children,5 moved with them from Arizona to Cape Cod in August, 1995. Shortly afterward, she began living with a male companion. When the companion was evicted from his apartment, the mother and children moved with him into a succession of motel rooms, from which they were also evicted. The mother, her companion, and the three children then lived in his “antique store,” where the living conditions were deplorable, with no heat or running water.

The mother’s companion subjected all three children to repeated and brutal physical abuse, including beating them with a baseball bat, and punching and kicking them in the face. Two examples will suffice. The companion taped Gregory’s arms behind his back, taped his mouth shut, and glued his eyes shut [641]*641with fingernail polish. On another occasion, he placed Gregory in a tub of cold water for more than two hours, then poured ammonia over him, placed him on a stool where he fell asleep, and did nothing to protect him as he fell off the stool and hit his head.

There was substantial evidence that the mother neglected her children.

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Cite This Page — Counsel Stack

Bluebook (online)
745 N.E.2d 330, 433 Mass. 636, 2001 Mass. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adoption-of-willow-mass-2001.