Opinion
No. 12–P–1053.
2013-03-22
Care & Protection of SIENNA.
By the Court (TRAINOR, KATZMANN & SIKORA, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This appeal arises from a judgment of the Juvenile Court finding the mother to be currently unfit to assume parental responsibility for Sienna. The judge, at the same time, found the biological father to be fit to assume such parental responsibility and awarded custody of Sienna to her father.
On appeal, the mother argues that there was insufficient evidence and insufficient judicial findings to clearly and convincingly demonstrate her parental unfitness. We disagree and affirm the judgment.
In considering the ultimate issue of parental unfitness, the judge may rely on a parent's past history as a prognostic indicator of their probable future fitness. Prior patterns of ongoing, repeated, serious parental neglect, abuse, or misconduct are relevant in determining current unfitness. Adoption of Carla, 416 Mass. 510, 517, n. 9 (1993); Custody of Michel, 28 Mass.App.Ct. 260, 269–270 (1990); Adoption of Katharine, 42 Mass.App. ct. 25, 33 (1997). The mother does not challenge any of the judge's seventy-five findings of fact. Adoption of Helen, 429 Mass. 856, 859–860 (1999). Instead she argues that the findings were insufficient to find her currently unfit to assume parental responsibility. Specifically, she argues that the record includes no evidence of a connection between her anger issues and her parental unfitness. We disagree. The record shows numerous instances of her angry, out of control, and erratic behavior having a direct, detrimental impact on Sienna.
The judge determined generally that the mother's anger, which becomes “explosive very quickly,” has put her family in harm's way, even when not focused directly at her children. There are also numerous instances where the mother focused her anger directly at her children. Additionally, the mother has a lengthy criminal record, much of which involved violent behavior. At the beginning of the trial the mother was awaiting final disposition on four criminal charges: assault and battery on a police officer, assault and battery by means of a dangerous weapon, resisting arrest, and disorderly conduct. The mother has also had two restraining orders taken out against her.
Significantly, the judge concluded and made numerous findings that the mother's anger has prevented her from engaging in services that would have assisted her in reunifying with her daughter. It is appropriate for the judge to consider a parent's compliance with service plans in determining parental fitness. Custody of Michel, 28 Mass. at 270. Compliance with recommended services is a relevant indicator of a parent's ability and willingness to fulfill her own parental obligations to a child. Adoption of Mario, 43 Mass.App.Ct. 767, 774 (1997); Adoption of Serge, 52 Mass.App.Ct. 1, 9 (2001).
The mother had, and continues to have, avenues open to her by which she could become fit to play a meaningful role in Sienna's life. The judge concluded “that at this juncture, it is not in [Sienna's] best interest to sever all legal relationship with mother. Although Mother presently is unfit to care for [Sienna] it is likely that if Mother controls her anger and cooperates with DCF workers, engages in services and participates in family therapy with [Sienna] she will be able to create the stable and nurturing environment in her home for [Sienna] to feel safe in.” However, until the mother is willing and able to participate in services and is able to control her anger, the judge's conclusion that she is currently unfit to parent Sienna is amply supported on the record before us.
The mother relies significantly on the fact that she has other children in her home whom she has not been determined to be unfit to parent. Longstanding case law, however, acknowledges that a parent may be unfit to care for one child and not another. See Adoption of Carla, 416 Mass. 510, 513 (1993).
Judgment affirmed.