ADOPTION OF IVO (And Two Companion Cases).
24-P-0413
Mass. App. Ct.Mar 11, 2025Background
- The Department of Children and Families (DCF) became involved with the family starting in 2017 due to reports of domestic violence and continued concerns about neglect and exposure to inappropriate conduct.
- The parents have three children (Ivo, Emily, and Laura). DCF eventually removed all three children from their parents’ custody, with the permanency goal changed to adoption in 2020.
- Both parents repeatedly attempted to deceive DCF regarding their ongoing relationship, which included a history of intimate partner violence.
- Despite some program participation, the parents showed little improvement in addressing the root issues—domestic violence, lack of honest engagement with DCF, and irresponsibility toward the children's specific needs.
- At trial, the judge found both parents currently unfit, terminated parental rights, and approved DCF’s adoption plan. Both parents appealed; the mother additionally challenged the judge's decision to leave post-termination visitation to the discretion of adoptive parents.
- The Appeals Court affirmed the Juvenile Court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for permanent unfitness | Evidence of unfitness was not strong or enduring | Parents’ history of domestic violence and ongoing deception showed lasting unfitness | Sufficient evidence to support a finding of unfitness and its permanence |
| Factual errors in judge’s findings | Several key findings were clearly erroneous | Judge’s findings backed by credible testimony and evidence | Minor errors not central; ultimate conclusion was supported |
| Post-termination/post-adoption visitation | Leaving visitation to custodian was abuse of discretion | Judge properly deferred to adoptive parents’ discretion | No abuse of discretion; issue of visitation left to adoptive parents |
| Weight given to parents' program participation | Engagement with action plans warranted more weight | Participation alone not enough without meaningful improvement | Judge appropriately discounted mere program attendance |
Key Cases Cited
- Adoption of Nancy, 443 Mass. 512 (importance of reviewing clear and convincing evidence in parental rights termination)
- Adoption of Ilona, 459 Mass. 53 (standard for assessing unfitness and best interests of children)
- Adoption of Mary, 414 Mass. 705 (factors relevant to parental unfitness determination)
- Custody of Vaughn, 422 Mass. 590 (harm to child witnessing domestic violence)
- Adoption of Quentin, 424 Mass. 882 (importance of thorough judge findings in juvenile cases)
- Adoption of Gillian, 63 Mass. App. Ct. 398 (domestic violence as a factor in parental unfitness)
- Adoption of Ulrich, 94 Mass. App. Ct. 668 (past conduct as evidence for future parental performance)
- Adoption of Jacob, 99 Mass. App. Ct. 258 (impact of ongoing domestic violence on fitness)