"In care and protection cases, the judge's subsidiary findings must be proved by a preponderance of the evidence and will only be disturbed if clearly erroneous." Care & Protection of Vick, 89 Mass. App. Ct. 704, 706 (2016). "A finding is clearly erroneous when there is no evidence to support it, or when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed" (quotation omitted).
"Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age." Care & Protection of Vick, 89 Mass.App.Ct. 704, 706 (2016) .
Care & Protection of Vick, 89 Mass.App.Ct. 704, 706 (2016).
"Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age." Care & Protection of Vick, 89 Mass.App.Ct. 704, 706 (2016) .
"Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age." Care & Protection of Vick, 89 Mass. App. Ct. 704, 706 (2016). The judge must determine "whether the parent's deficiencies ‘place the child at serious risk of peril from abuse, neglect, or other activity harmful to the child.’ "
Although it was not a specific task on her service plan, the uncleanliness of the mother's house was also properly considered by the judge. See Care & Protection of Vick, 89 Mass. App. Ct. 704, 706 (2016). Since 2010, numerous 51A reports have been filed having to do with the cleanliness of the mother's home, among other concerns.
"Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age." Care & Protection of Vick, 89 Mass. App. Ct. 704, 706, 54 N.E.3d 565 (2016). The best interests of the child are "of paramount importance."
The house remained in disrepair months after a major clean-up effort. See Care & Protection of Vick, 89 Mass. App. Ct. 704, 706–707, 54 N.E.3d 565 (2016). While in the mother's custody, Vieri's negative behavior escalated. He broke windows, damaged walls, and set fires in the home.
The judge's factual findings, which the father does not claim are erroneous, demonstrate clear and convincing evidence of the father's current unfitness and the likelihood that his unfitness will continue indefinitely. See Care & Protection of Vick, 89 Mass.App.Ct. 704, 706, 54 N.E.3d 565 (2016). "Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age."
Standard of review . "In care and protection cases, the judge's subsidiary findings must be proved by a preponderance of the evidence and will only be disturbed if clearly erroneous." Care & Protection of Vick , 89 Mass. App. Ct. 704, 706 (2016). "A finding is clearly erroneous when there is no evidence to support it, or when, ‘although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.