subject: Massachusetts Child Custody Care Protection Parents Married Lawyers Attorneys [print this page] CARE AND PROTECTION OF TWO MINORS CARE AND PROTECTION OF TWO MINORS
Appeals Court of Massachusetts
June 5, 1981, Decided The end result of the proceedings has been a judgment dated September 29, 1980, based on findings, dated April 4, 1980, that the children require care and protection, and that they are to be permanently committed to the department. Respondent natural parents appealed from the judgment of the Juvenile Court (Massachusetts) that awarded permanent commitment of their two children to petitioner department of social services based upon the finding that the children required care and protection.
Issue:
Whether the juvenile court erred in awarding the care and protection of the children to department of social services?
The findings and standards appropriate for a determination of the current fitness or unfitness of each of the natural parents are described in great detail in the cases already cited, particularly the two most recent cases of the Supreme Judicial Court. They need not be restated here, but obviously there must be careful compliance with current requirements. Remand will permit a full present consideration and findings, concerning among other matters, (1) the current fitness of each parent to have custody; (2) whether the father's affection for and relationship with the daughter warrants separating her from her brother; (3) whether any shortcomings of the father and lack of parental experience on his part are sufficiently significant to make him unfit or seriously unsuitable to have custody: (4) whether separation from the present foster parents is likely to havedamaging effects upon one or both of the children; and (5) whether, in the circumstances, a decision withholding custody from each of the natural parents is required for the best interests of the children. We are of opinion that facts set forth in the present record and the needs for adequate consideration of the recent decisions require that the case be remanded to the Juvenile Court for further proceedings. The court remanded the case to the juvenile court for further proceedings to permit a full consideration as to the current fitness of each natural parent to have custody, whether separation from the current foster parents was likely to have damaging effects upon one or both of the children, and whether withholding custody from each of the natural parents was required for the best interests of the children.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
Massachusetts Child Custody Care Protection Parents Married Lawyers Attorneys
By: Atchuthan Sriskandarajah
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