Adoption of Bianca
AC 16-P-764
| Mass. App. Ct. | Apr 28, 2017Background
- Bianca (born Jan. 2010) was exposed to extensive domestic violence between her parents; father committed multiple assaults, including one in Bianca's presence and a later rape of the mother in Bianca's presence.
- DCF filed a care-and-protection petition in March 2011; Bianca was ultimately placed with long-term preadoptive parents who had provided much of her care.
- Mother has a protracted history of substance abuse, incarceration, and instability; she does not dispute she was unfit at trial and required long-term treatment to become fit.
- Father completed a batterers' intervention program but continued abusive conduct; judge found he remained in denial and posed a future risk of violence.
- Bianca has reactive attachment and adjustment disorders; her therapist testified she needs stability and consistent caregiving, and another move could prevent future attachment.
Issues
| Issue | Mother's Argument | Father's Argument | Held |
|---|---|---|---|
| Whether mother's parental rights should be terminated | Trial facts are stale; mother has improved and record should be reopened for current fitness | N/A | Finding of maternal unfitness and termination affirmed; evidence at trial showed likely continued unfitness and reopening not required; child's stability prevails |
| Whether father's parental rights should be terminated | N/A | Expert testimony on batterer profiles was improper and insufficient without individual assessment | Finding of paternal unfitness and termination affirmed; ample evidence (continued violence after program, denial, manipulative courtroom behavior) supported risk of future harm |
| Whether DCF's adoption plan (permanent adoption) was proper vs guardianship | Mother sought remand possibly to pursue custody; argued ongoing contact important | Father preferred guardianship so he could seek custody later | Adoption plan approved; adoption chosen because only it ensured long-term stability for Bianca; judge ordered generous postadoption contact but allowed preadoptive parents to limit visits if harmful |
| Whether postdecree parental improvements warrant reopening/relief | Mother argued delays made record stale and she may now be fit | Father did not press this point | Court held postdecree improvements alone do not defeat termination where trial record shows the parent likely to remain unfit and child needs finality; stability of child is controlling |
Key Cases Cited
- Adoption of Linus, 73 Mass. App. Ct. 815 (staleness may render evidence insufficient to show current fitness)
- Adoption of Ilona, 459 Mass. 53 (court must find a reasonable likelihood parent will become fit when considering reopening or reversal)
- Adoption of Carlos, 413 Mass. 339 (parental rehabilitation standard referenced)
- Adoption of Nancy, 443 Mass. 512 (child's need for finality and stability can outweigh parental postdecree improvements)
- Adoption of Gregory, 434 Mass. 117 (focus of termination is child's welfare and at some point finality is required)
- Adoption of Serge, 52 Mass. App. Ct. 1 (brief sobriety insufficient to show fitness)
- Care & Protection of Bruce, 44 Mass. App. Ct. 758 (definition of risk from parental deficiencies)
- Custody of Vaughan, 422 Mass. 590 (exposure to domestic violence harms child's right to physical security)
- Adoption of Hugo, 428 Mass. 219 (trial judge has substantial discretion in choosing placement plan)
- Adoption of George, 27 Mass. App. Ct. 265 (prior history has prognostic value)
- Adoption of Astrid, 45 Mass. App. Ct. 538 (failure to object at trial waives evidentiary challenge)