In re Mauricio

82 Mass.App.Ct. 1119

977 N.E.2d 106

ADOPTION OF MAURICIO (and two companion cases ¹).

No. 12–P–324.

Appeals Court of Massachusetts.

November 7, 2012.

OPINION TEXT STARTS HEREBy the Court (KAFKER, COHEN & TRAINOR, JJ.).

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The trial judge found that both the mother and father were currently unfit to assume parental responsibility for their children and that termination of their parental rights and adoption of the children as provided in the Department of Children and Families' (department) plan was in the children's best interests.² As the judge's subsidiary findings of fact were supported by the evidence and they establish the parents' unfitness by clear and convincing evidence, we affirm the decrees. See Custody of Eleanor, 414 Mass. 795, 802 (1993).

The mother concedes her unfitness, and the evidence overwhelmingly supports this concession and the termination of her parental rights.³ As for the father, the judge found that the father was unfit based on his longstanding failure to correct safety problems with the home, the likelihood that the father and the mother would reunite, his repeated failures to follow through with the department service plan, and his lack of insight into the needs of his children. These findings are adequately supported by the evidence. More particularly, the judge found that the father has shown a “lack of follow through” in repairing significant safety problems in the home. See Adoption of Quentin, 424 Mass. 882, 884, 887 (1997). The judge found that even on the eve of trial, the father had still not made necessary repairs. The judge's finding that the parents would likely reunite is grounded in the evidence and her credibility findings. The judge found that the mother had left the father six to ten times, only to return, and the father had allowed her to do so on each occasion. The judge did not credit the father's testimony that he and the mother were permanently separated, and were going to divorce. These repeated separations and reconciliations were also found to have great emotional impact on the children, especially Mauricio. The judge found that the father “demonstrated little insight into the many issues [Mauricio] has,” and does not understand “how the early chaos which he and Mother created” contributes to Mauricio's special needs and behavior problems. Also, as properly found by the judge, the children's current foster and preadoptive homes provide stability, and Gina has become attached to her preadoptive mother.

The trial judge's findings also support her conclusions that six of the statutory unfitness factors apply to the father. See G.L. c. 210, § 3( c ) (ii), (iii), (...