Opinion
16-P-1279
06-20-2017
ADOPTION OF HARRIS.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The mother appeals from a Juvenile Court decree terminating her parental rights to the child. The mother contends that the judge ignored her recent positive gains and instead relied on stale evidence, and that his finding that she is unfit to parent the child is not supported by sufficient evidence. We affirm.
The putative father did not appeal from the termination of his parental rights.
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"The judge must find by clear and convincing evidence that a parent is presently unfit to provide for the welfare and best interests of the child in order to grant a petition that terminates a ... parent's legal rights." Adoption of Mary, 414 Mass. 705, 710 (1993). See Adoption of Rhona, 63 Mass. App. Ct. 117, 124 (2005). "Parental unfitness must be determined by taking into consideration a parent's character, temperament, conduct, and capacity to provide for the child in the same context with the child's particular needs, affections, and age." Adoption of Mary, 414 Mass. at 711.
If a parent is found unfit, the judge must determine "whether the child's best interests will be served by terminating the legal relation between parent and child." Adoption of Ilona, 459 Mass. 53, 59 (2011). "Because childhood is fleeting, a parent's unfitness is not temporary if it is reasonably likely to continue for a prolonged or indeterminate period." Id. at 60. A hope, alone, that the parent will become fit at some point in the future is insufficient to meet the standard. See id. at 59. In making this decision, the judge may properly take into account "prognostic evidence derived from an ongoing pattern of parental neglect or misconduct." Custody of a Minor (No. 1), 377 Mass. 876, 883 (1979). A parent is not entitled to "an indefinite opportunity for reform." Adoption of Cadence, 81 Mass. App. Ct. 162, 169 (2012).
After reviewing the record, we conclude that there was sufficient evidence, independent of the few challenged findings, to support the judge's determination that the mother is currently unfit to parent the child. The judge's extensive findings of fact and conclusions of law amply demonstrated that the Department of Children and Families (DCF) had clearly and convincingly met its burden of proof. See Custody of a Minor (No. 1), 377 Mass. at 883. The mother had serious and ongoing mental health issues, with no history of successful treatment. These unresolved mental health issues have prevented, and will prevent, the mother from providing "minimally acceptable care of the child." Care & Protection of Bruce, 44 Mass. App. Ct. 758, 764 (1998), quoting from G. L. c. 210, § 3(c )(xii). The mother has struggled with drug addiction for many years. Although she was successful in breaking her daily use of heroin, she has suffered a number of relapses and was still at risk of relapse at the time of trial. The mother has not provided drug screen results when requested. The mother also has a history of exposing the child to domestic violence and was involved in abusive relationships for six of the seven years that the child lived with her. See Custody of Vaughn, 422 Mass. 590, 599-600 (1996). Finally, the mother has failed to have any meaningful compliance with the requirements of her service plans.
When considering whether to terminate parental rights, a judge must consider whether there is "evidence demonstrating reason to believe that a parent will correct a condition or weakness that currently disables the parent from serving his or her child's best interests." Adoption of Carlos, 413 Mass. 339, 350 (1992). Such evidence may be based on past behaviors that because of continuing patterns are prognostic in nature. See Custody of a Minor (No. 1), 377 Mass. at 883 ; Adoption of Larry, 434 Mass. 456, 469 (2001). Here, the uncontested evidence, and the findings based on that evidence, show that the mother's "unfitness is not temporary." Adoption of Cadence, 81 Mass. App. Ct. at 169. In light of the mother's long-standing mental health and substance abuse issues, and her failure to take advantage of offered services intended to remediate those issues, the judge's conclusion that the mother's "unfitness would continue into the future, and therefore would support the termination of [her] rights as being in the child's best interests," is well supported.
Decree affirmed.