CARE AND PROTECTION OF FRANCINE (And Two Companion Cases).
24-P-0547
Mass. App. Ct.May 16, 2025Background
- The case involves care and protection proceedings for three children: Francine (older child), Amy, and Laura (younger children), after the Department of Children and Families (DCF) alleged parental unfitness.
- The Juvenile Court found the mother unfit to parent all three children, with parental rights terminated for Amy and Laura but not for Francine.
- The mother appealed the findings and termination, arguing her unfitness was only temporary and that the DCF did not make reasonable reunification efforts.
- Both Francine and the mother argued the mother should not have been found unfit as to Francine; Amy and Laura support the unfitness and termination findings for themselves.
- The trial judge issued extensive factual findings on the mother’s persistent failure to provide adequate care (housing, medical/dental care, education) for all children, especially the two youngest.
- The court recognized complex circumstances for Francine, who was at risk of exploitation and did not fare better in DCF placements, yet affirmed the finding of maternal unfitness but endorsed reunification rather than adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unfitness of mother as to Amy and Laura | Unfitness was only temporary; DCF at fault | Unfitness persistent; clear evidence; best interests | Judge did not err—unfitness likely to continue; termination affirmed |
| Termination of parental rights: Amy, Laura | Shouldn’t terminate; lack of DCF effort | In best interests; repeated, serious neglect | Termination in best interests given prolonged unfitness |
| Finding of unfitness as to Francine | Mother & Francine: mother is fit; DCF failed | DCF: mother unfit yet best available placement | Finding of unfitness affirmed; best available placement is with mother |
| DCF reasonable efforts | DCF failed to make efforts to support reunification | Not preserved below; child’s best interest pivotal | Claim waived; best interests override any DCF failure |
Key Cases Cited
- Adoption of Ilona, 459 Mass. 53 (clear and convincing evidence is required for parental unfitness; unfitness that is likely to continue supports termination)
- Adoption of Elena, 446 Mass. 24 (best interests of the child paramount in termination proceedings)
- Care & Protection of Robert, 408 Mass. 52 (government intervention in family justified only to protect children)
- Carter v. Lynn Hous. Auth., 450 Mass. 626 (poverty does not justify removal; must show neglect or harm)
- Spence v. Gormley, 387 Mass. 258 (public housing residents often have limited options)