Adoption of Thea, 78 Mass. App. Ct. 818

The mother appeals from a decree terminating her parental rights to her deeply troubled seventeen-year-old daughter, Thea, while Thea seeks posttermination visitation.
The Department of Children and Families filed care and protection petitions beginning in 2001, with later action in 2006–2008 leading to termination proceedings.
Thea has a history of bipolar disorder with psychotic features, other mental health issues, self-harm, hoarding, and sexually provocative behavior at school; she previously disclosed sexual assault by her older brother.
The family home was repeatedly found to be unclean and unsafe; Thea slept in the same room as her mother’s husband and his adult brothers at one point, with limited boundaries.
After extensive service plans and noncompliance by the mother, the department changed the goal to long-term substitute care in 2007, and termination of parental rights was granted in February 2008 by stipulation and permanent custody to the department.
The judge who terminated parental rights found the mother unfit by clear and convincing evidence but did not adequately address or record a posttermination plan and did not expressly consider posttermination visitation; Thea was in a long-term hospitalization and would turn eighteen in November 2011.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the mother's unfitness proven by clear and convincing evidence?	Department argues unfitness supported by extensive findings.	Mother contends record insufficient or misapplied standards.	Yes; unfitness proven by clear and convincing evidence.
Is termination in Thea's best interests given the department's posttermination plan is undeveloped?	Department argues termination may be appropriate given risk and plan, despite plan gaps.	Mother argues lack of a developed, suitable posttermination plan undermines best interests.	Record lacks adequate plan and analysis; remand for further findings on best interests and posttermination plan.
Should posttermination visitation be addressed on remand?	Department notes visitation may be warranted depending on plan and safety considerations.	Mother seeks visitation; the issue was not expressly addressed in the original decision.	Remand to address posttermination visitation with appropriate findings.
Was the telephonic testimony of Thea a due process violation?	No, telephonic testimony was permissible under the circumstances.	Telephonic testimony allegedly violated due process rights.	No due process violation; telephonic testimony permissible given institutional context.

Adoption of Abby, 62 Mass. App. Ct. 816 (2005) (two-part analysis for termination: unfitness and best interests)
Adoption of Nancy, 443 Mass. 512 (2005) (best interests tied to permanency plan and child’s needs)
Adoption of Mary, 414 Mass. 705 (1993) (two-part test for termination: unfitness and best interests)
Adoption of Carlos, 413 Mass. 339 (1992) (consideration of child’s needs and environment in best interests)
Adoption of Dora, 52 Mass. App. Ct. 472 (2001) (judicial evaluation of plan adequacy and permanency)
Adoption of Vito, 431 Mass. 550 (2000) (importance of evaluating plan and observed parent-child relationship)
Adoption of Terrence, 57 Mass. App. Ct. 832 (2003) (postadoption contact considerations in discretionary visitation)
Adoption of Don, 435 Mass. 158 (2001) (face-to-face confrontation not required in certain termination contexts)
Adoption of Flora, 60 Mass. App. Ct. 334 (2004) (situations where termination may not be required even if unfit)
Adoption of John, 53 Mass. App. Ct. 431 (2001) (remand for postadoption visitation considerations)