Care and Protection of Quira.

CourtMassachusetts Appeals Court
DecidedOctober 9, 2025
Docket24-P-0919
StatusUnpublished

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Bluebook
Care and Protection of Quira., (Mass. Ct. App. 2025).

Opinion

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule 23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28, as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT

24-P-919

CARE AND PROTECTION OF QUIRA.1

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

After a trial, a Juvenile Court judge found the mother

currently unfit to parent her daughter, Quira, adjudicated Quira

in need of care and protection, and committed her to the custody

of the Department of Children and Families (department). See

G. L. c. 119, § 26. The mother appeals.2 She contends that

(1) the judge found her unfit based on clearly erroneous factual

findings and speculation, (2) the judge erred by conflating her

"positivity, spirituality, and willingness to follow the

[doctors'] recommendations . . . with a lack of insight into

[the] [d]aughter's condition and needs," and (3) the mother is

currently fit because she plans to keep Quira in a residential

1 A pseudonym.

2The father was also found unfit, but did not file a notice of appeal. care facility and to follow the recommendations of the medical

professionals, which satisfies the "minimally acceptable care"

standard. See Care & Protection of Yetta, 84 Mass. App. Ct.

691, 698 (2014). Because the evidence demonstrates the mother's

lack of understanding of her daughter's complex medical needs

and failure to learn about or plan to care for them, clear and

convincing evidence supports the judge's ultimate conclusion of

unfitness. We affirm.

Background. We summarize the relevant facts found by the

judge, reserving some details for our discussion. The

department filed this care and protection petition in September

2022 and assumed temporary custody over the daughter.3 While in

the department's custody and visiting with her parents in June

2023, Quira was struck by a car and sustained life-threatening

injuries, including a traumatic brain injury. She was treated

for these injuries at Massachusetts General Hospital for three

months, until she was discharged to the Disorders of

Consciousness program at Spaulding Rehabilitation Hospital

(Spaulding).4

3 At the same time, the department petitioned for custody of two of the parents' sons (the daughter's brothers). While the sons were also in the department's custody at the time of the accident, custody has since been returned to the parents and was not at issue at the trial.

4 The judge's finding number 14 states that Quira moved to Spaulding in January 2024, but the record reflects that Quira

2 At Spaulding, Quira required round-the-clock care to

address all functions in life, including "breathing, feeding,

communication, self-care, and mobility." The daughter's care

team included three attending physicians, physical therapists,

occupational therapists, speech and swallow therapists, a

nutritional team, and nurses. One of the daughter's attending

physicians, Dr. Jennifer Wu, who was qualified as an expert in

pediatric rehabilitation medicine, testified that the care

team's goal was for Quira to regain as much function as possible

through a standardized eight-week program with intensive

therapies. While this team successfully stabilized the

daughter, her progress was slow, and at the time of discharge

she remained fully dependent on a gastrostomy tube ("G-tube")

for nutrition and medication, could not communicate in a

meaningful way, could only intermittently process information,

and lacked control over her limbs.

The parents remained positive about the daughter's

treatment at Spaulding and her prognosis, preferring not to

discuss the possibility that she may not make a full recovery

and viewing that mindset as too negative. At a meeting with her

care team shortly after she arrived at Spaulding, the father

moved from Massachusetts General Hospital to Spaulding in September 2023. This discrepancy does not appear to have affected the judge's ultimate conclusions.

3 opted to take Quira for a walk rather than stay for the

conversation about her anticipated aftercare. The mother did

not attend this meeting as she found it very difficult to

participate in discussions about her daughter's condition and

care. The parents avoided such discussions throughout the

daughter's stay at Spaulding, and their sporadic visits meant

they were not present during morning rounds, when care teams

typically discussed aftercare options with families.

In January 2024, Quira was discharged from Spaulding and

transferred to a long-term residential care facility run by

Seven Hills, the only program in Massachusetts that could

accommodate the daughter's need for a G-tube. The daughter's

attending physician believes, and the judge found, that Seven

Hills only treats patients who are in the department's custody.

Patients like Quira who are not in the department's custody are

typically discharged to a similar residential program in New

Hampshire, which does not accept the parents' MassHealth

insurance.

At trial -- before Quira's discharge from Spaulding -- the

parents testified that she could speak a few words, communicate

through blinking, understand everything that was being said,

focus and recognize people, respond to instructions, hold a

ball, and stand. The judge did not credit the parents'

assertions, instead crediting the testimony of the daughter's

4 attending physician, Dr. Wu, and finding the parents' "belief

about how much functioning [Quira] has regained differs greatly

from what medical professionals at Spaulding have communicated

to them." The judge found both parents unfit, found Quira in

need of care and protection, and found it was in her best

interests to place her in the department's permanent custody.

Discussion. "In a proceeding to commit a child to the

custody of the department under G. L. c. 119, § 26, the

department bears the burden of proving, by clear and convincing

evidence, that a parent is currently unfit to further the best

interests of a child and, therefore, the child is in need of

care and protection." Care & Protection of Erin, 443 Mass. 567,

570 (2005). See Care & Protection of Ian, 46 Mass. App. Ct.

615, 616 (1999). Parental unfitness means "grievous

shortcomings or handicaps" that put the child's welfare "much at

hazard." Petition of the New England Home for Little Wanderers

to Dispense with Consent to Adoption, 367 Mass. 631, 646 (1975).

1. Subsidiary findings. The mother's argument that the

finding of her parental unfitness was not supported by clear and

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Bluebook (online)
Care and Protection of Quira., Counsel Stack Legal Research, https://law.counselstack.com/opinion/care-and-protection-of-quira-massappct-2025.