Adoption of Meaghan
961 N.E.2d 110
Mass.2012Background
- Guardians of a child filed a petition to adopt her under G. L. c. 210, §§ 3 (a), 6; the child's father objected and is indigent.
- A judge appointed counsel for both the father and the child; CPCS sought intervention to raise whether CPCS could compensate counsel in a private-party adoption context.
- CPCS was allowed to intervene and the judge reported the issue to the Appeals Court; the case was transferred to this court.
- Question framed: whether children and indigent parents have a right to court-appointed counsel in termination/adoption proceedings filed by private parties.
- The court held that indigent parents and the child have a right to appointed counsel in contested termination/adoption proceedings, even when the case is initiated by private parties.
- The decision affirms the probate judge’s appointment of counsel for both the father and the child; it does not decide whether a child has a right to counsel when a parent consents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel in private-part termination/adoption | CPCS/father/child argue due process and equality require counsel. | No statute/decision expressly provides counsel in private-party proceedings. | Affirmative: indigent parents and child have right to appointed counsel in contested private-party proceedings. |
Key Cases Cited
- Department of Pub. Welfare v. J.K.B., 379 Mass. 1 (Mass. 1979) (indigent parent has right to counsel in termination proceedings)
- Petition of the Dep’t of Pub. Welfare to Dispense with Consent to Adoption, 376 Mass. 252 (Mass. 1978) (parents’ due process protections in adoption context)
- Armstrong v. Manzo, 380 U.S. 545 (U.S. 1965) (due process requirements before depriving parental rights)
- Care & Protection of Robert, 408 Mass. 52 (Mass. 1990) (child's interests in termination considerations)