subject: Child Custody Massachusetts Suffolk County Visitation [print this page] Child Custody Massachusetts Suffolk County Visitation
ADOPTION OF ILONA
A pseudonym.
No. 09-P-667.
APPEALS COURT OF MASSACHUSETTS
76 Mass. App. Ct. 481; 923 N.E.2d 546
September 16, 2009, Argued
March 19, 2010, Decided
Issues:
Whether there was an error in terminating the mother's parental rights?
Whether there was an erred in granting the adoptive parents discretion regarding post-adoption visitation?
Whether there was an error in terminating the mother's parental rights?
The court held that "though we do not excuse the department for it's failing to provide services more closely geared to the mother's special needs, we conclude that in the circumstances here where there was little hope that the mother would become a fit parent, there was no error in the judge's decision to terminate the mother's parental rights. department for its failing to provide services more closely geared to the mother's special needs, we conclude that in the circumstances here where there was little hope that the mother would become a fit parent, there was no error in the judge's decision to terminate the mother's parental rights."
Whether there was an erred in granting the adoptive parents discretion regarding post-adoption visitation?
The lack of court ordered post-termination and post-adoption visitation is troubling and remand is required to address that issue.
During the two visits that Tasha Baizerman noted that Ilona was happy and excited to see the mother, that notwithstanding a "lack of spontaneous conversation," the two "seemed to enjoy themselves and laughed." In her reports, the social worker also acknowledged that visits went well. Baizerman concluded that the "relationship" between Ilona and the mother warranted their having continued contact with each other. In these circumstances, the judge abused his discretion in not ordering specified visitation.
Conclusion:
This Massachusetts child custody case is remanded for further consideration and orders on the issue of post-termination and post-adoption visitation. The judge in his discretion may decide whether an evidentiary hearing is necessary. In all other respects, the decree is affirmed.
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