Adoption of Jacques
82 Mass. App. Ct. 601
Mass. App. Ct.2012Background
- Jacques was born June 13, 2000, to a mother who had other children not in her custody and ongoing contact with one of them.
- Jacques is a special needs child diagnosed with ADHD, PTSD, and enuresis, requiring multiple medications.
- The Department of Children and Families first became involved when Jacques was two years old after a 51A report alleging abuse/neglect.
- Jacques and his mother experienced multiple permanency guardianship changes, including placement with Suzanne White, White’s guardianship, and then an intensive foster placement.
- Initially, service plans aimed at reunification were pursued, but due to the mother’s noncompliance and the child’s need for stability, the department shifted to adoption; the trial court ultimately terminated the mother’s parental rights but ordered posttermination visitation with the department retaining discretion.
- The court found the mother unfit to parent Jacques, recognized his attachment to her, and denied postadoption visitation at that time, reserving the issue for a later hearing when an adoptive resource was identified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there clear and convincing evidence of parental unfitness? | Department argues mother failed to comply with service plans and to meet Jacques’s special needs. | Mother contends improvements and that past noncompliance does not prove current unfitness. | Yes; trial court’s unfitness finding upheld. |
| Is there a nexus between the mother’s shortcomings and her capacity to care for Jacques? | Department shows persistent deficits in caring for Jacques’s special needs. | Mother argues recent gains undermine the nexus. | Yes; nexus supported by evidence of ongoing deficits. |
| Was termination proper despite lack of an adoptive resource? | Department asserts permanent, stable permanency is in Jacques’s best interests even without an imminent adoptive resource. | Mother contends bond and absence of adoptive prospects weigh against termination. | Yes; termination affirmed without an adoptive resource. |
| Should postadoption visitation have been ordered? | Continued visitation is in Jacques’s best interests but may hinder adoptive recruitment. | Visitation with mother should continue postadoption given bond and best interests. | No; no order for postadoption visitation at that time was an acceptable exercise of discretion. |
Key Cases Cited
- Adoption of Hugo, 428 Mass. 219 (Mass. 1998) (parental unfitness requires substantial evidence on the child’s best interests)
- Adoption of Nancy, 443 Mass. 512 (Mass. 2005) (best interests consideration includes parental fitness and resources)
- Adoption of Don, 435 Mass. 158 (Mass. 2001) (weight given to judge’s credibility determinations and factual findings)
- Petitions of the Dept. of Social Servs. to Dispense with Consent to Adoption, 18 Mass. App. Ct. 120 (Mass. App. Ct. 1984) (standard for dispensing with consent to adoption)
- Adoption of Flora, 60 Mass. App. Ct. 334 (Mass. App. Ct. 2004) (bond concerns do not automatically bar termination without an adoptive resource)