Adoption of Wesley.

NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).

COMMONWEALTH OF MASSACHUSETTS

APPEALS COURT

25-P-426

ADOPTION OF WESLEY.1

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

Between 2017 and 2020, the Department of Children and

Families (department) filed care and protection petitions as to

three of the mother's children -- Wesley and two of his younger

siblings. After a joint trial in 2024, the judge issued a

decree terminating the mother's parental rights to Wesley, but

not to the other two children.2 Because we discern neither clear

error nor an abuse of discretion in the judge's determination

that the mother was unfit to parent Wesley, notwithstanding the

judge's determination that the mother was fit to parent Wesley's

two siblings, we affirm the decree.

1 A pseudonym.

2The father's parental rights to the child had already been
terminated by the time of the mother's trial. The father did
not appeal from that decision.
Discussion. 1. Standard of review. "To terminate

parental rights to a child, the judge must find, by clear and

convincing evidence, that the parent is unfit and that the

child's 'best interests will be served by terminating the legal

relation between parent and child.'" Adoption of Luc, 484 Mass.

139, 144 (2020), quoting Adoption of Ilona, 459 Mass. 53, 59

(2011). Clear and convincing evidence means that "[t]he

requisite proof must be strong and positive; it must be 'full,

clear and decisive.'" Adoption of Chad, 94 Mass. App. Ct. 828,

838 (2019), quoting Adoption of Iris, 43 Mass. App. Ct. 95, 105

(1997). A judge must take into account "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. 705, 711 (1993), and may

determine that "[a] parent may be fit to raise one child but not

another." Guardianship of Estelle, 70 Mass. App. Ct. 575, 581

(2007). "We review the judge's findings with substantial

deference, recognizing her discretion to evaluate a witness's

credibility and to weigh the evidence," Adoption of Nancy, 443

Mass. 512, 515 (2005), "and reverse only where the findings of

fact are clearly erroneous or where there is a clear error of

law or abuse of discretion." Adoption of Ilona, supra. "A

finding is clearly erroneous when there is no evidence to

support it, or when, 'although there is evidence to support it,

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the reviewing court on the entire evidence is left with the

definite and firm conviction that a mistake has been

committed.'" Custody of Eleanor, 414 Mass. 795, 799 (1993),

quoting Building Inspector of Lancaster v. Sanderson, 372 Mass.

157, 160 (1977).

2. Mother's challenges to judge's findings. We are not

persuaded by the mother's contention that the judge's findings

show that the judge failed to give close attention to the

evidence. The findings here, while grouped into paragraphs

rather than set forth individually, were "specific and

detailed," Adoption of Nancy, 443 Mass. at 514, supported by the

evidence presented at the trial, and together established by

clear and convincing evidence that the mother is permanently

unfit to parent Wesley.3

a. Finding 14. "In ascertaining parental fitness, the

judge 'may consider past conduct to predict future ability and

performance.'" Adoption of Jacob, 99 Mass. App. Ct. 258, 262

(2021), quoting Adoption of Katharine, 42 Mass. App. Ct. 25, 32-

33 (1997). The judge did not err in finding that the mother,

who has a history of substance misuse, was at risk of returning

3 "Despite the moral overtones of the statutory term
'unfit,' the judge's decision is not a moral judgment, nor is it
a determination that the parent does not love the children."
Adoption of Lisette, 93 Mass. App. Ct. 284, 285 n.2 (2018).

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to that pattern under the stress of parenting Wesley. At trial,

the mother admitted to using marijuana to help her sleep and for

her anxiety. Where the mother does not challenge the judge's

finding that Wesley's exceptional special needs (which we

discuss in more detail below) create "a great deal of pressure

for his caretakers," it was reasonable for the judge to infer

that an increase in baseline pressure on the mother would also

risk an increase in her reliance on substances to manage the

resulting stress.

We are not persuaded by the mother's claim that the judge

"ignored" the testimony of Dr. Karen Clarke, the mother's expert

witness on bonding and attachment, that she "found [the mother]

to be in a really good place to meet her children's physical and

psychological long-term needs." Where the judge's findings

reflect her disagreement with Dr. Clarke's testimony that the

mother exhibited "good judgment," was willing to seek supports,

and was "open to utilizing those supports," we think it likely

that the judge rejected Dr. Clarke's opinion, not that she

failed to consider it.4 See Adoption of a Minor (No. 2), 367

Mass. 684, 688 (1975) (judge's decision must rest on

consideration of "all of the relevant facts").

4 The judge also acknowledged Dr. Clarke's testimony in her
finding that Wesley's bond with the mother should be preserved
through visitation if possible.

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b. Finding 15. The mother's challenge to this finding

amounts to a disagreement with the judge's weighing of the

testimony of two witnesses called by the department at trial,

Dr. Mary English and the department's social worker. We defer

to the judge's assessment and discern no clear error in the

resulting finding. See Petition of the Dep't of Social Servs.

to Dispense with Consent to Adoption, 397 Mass. 659, 670 (1986).

c. Findings 18 and 19. The judge found that the mother

had been involved in domestic violence in the past but minimizes

it when questioned, as exemplified by her lack of candor about

her violent relationship with Wesley's father, and that she had

failed to develop insight into the issue despite her

participation in domestic violence services. Although, as the

judge found, at the time of trial the mother had been in a

nonviolent partnership for two years, we cannot say that the

judge's finding that Wesley remained at risk of future exposure

to domestic violence failed to "flow naturally or logically from

the record" or was improperly speculative, given the judge's

findings about the mother's history. See Adoption of Katharine,

42 Mass. App. Ct. at 32-33 (judge may use parent's past conduct

"to predict future ability and performance"). The mother's

reliance on Care & Protection of Laurent, 87 Mass. App. Ct. 1, 8

(2015), for this proposition is misplaced. See id.

("Speculation . . . must stem from 'credible evidence'"

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[citation omitted]). See also Adoption of Lisette, 93 Mass.

App. Ct. 284, 294 n.15 (2018) ("A parent's willingness to ignore

or minimize abusive behavior can be an indicator of unfitness,

regardless of whether the child is at risk of abuse or

witnessing abuse").

d. Finding 20. We discern no error in the judge's finding

that the mother's undisputed failure to comply consistently with

court-ordered drug screens was predictive of her ability to

manage the scheduling and other demands involved in parenting

Wesley. The judge's fact-finding role includes the ability to

draw reasonable inferences, and this was one such inference.

See Adoption of Katharine, 42 Mass. App. Ct. at 32-33. See also

Adoption of Daniel, 58 Mass. App. Ct. 195, 202 (2003) ("the

mother's lack of forthrightness and credibility, coupled with

her demonstrated lapses, justified a concern" that she lacked

requisite vigilance regarding children's safety).

3. Evidence of current unfitness. The judge's

determination that the mother was permanently unfit to parent

Wesley and that termination of her parental rights was in his

best interests was supported by clear and convincing evidence,

and we discern neither error nor abuse of discretion in the

judge's decision. See Adoption of Luc, 484 Mass. at 144.

The judge properly considered the mother's failure to

comply with the action plan requirement of drug screening as

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evidence of her unfitness. See Adoption of Breck, 105 Mass.

App. Ct. 652, 660 (2025) (parent's failure to engage with action

plan tasks is relevant to unfitness); Adoption of Rhona, 63

Mass. App. Ct. 117, 126 (2005) ("Evidence of parents' refusal to

cooperate with the department . . . is relevant to the

determination of unfitness"). We are not persuaded by the

mother's contention that because the department failed to offer

evidence of any "chronic illegal drug use" after 2018, the

screens could not provide useful information about her parental

fitness. On appeal, the mother does not dispute that she has a

history of substance misuse. Insofar as the judge found that

the mother minimized that history and failed to appreciate her

vulnerability to relapse, the screening requirement was not

pointless. Cf. Adoption of Leland, 65 Mass. App. Ct. 580, 585-

586 (2006) (finding no nexus between missed drug screening and

unfitness where service plan did not require it and parent had

no drug-related charges). Moreover, there was evidence that

when the mother tested positive for substances other than

marijuana, she was not transparent on the subject. We discern

no impropriety in the judge's resulting inference that the

mother was not being candid with the department about the extent

of her substance use through the time of trial, nor in the

judge's consideration of that inference in her determination of

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the mother's unfitness. See Adoption of Breck, 105 Mass. App.

Ct. at 658-659.

Moreover, it is apparent from the judge's findings that

evidence of the mother's noncompliance with the screening

requirement was also significant to the judge's analysis of the

mother's inability to adapt her day-to-day schedule to changing

circumstances. The mother missed the overwhelming majority of

her screens, and her excuses for doing so varied. As the

judge's findings reflect, Wesley has a "constellation of needs,"

including "complex medical, social, emotional, and behavioral"

concerns that "place[] extraordinary demands on his parents" and

which can only be managed by adhering to a "highly structured

and predictable routine." It was neither improper nor

unreasonable for the judge to consider the mother's inability to

comply with the relatively straightforward obligation of drug

screening as predictive of a corresponding inability to maintain

the complex schedule that Wesley requires. See Adoption of

Gregory, 434 Mass. 117, 126-127 (2001) (parent's inability to

learn parenting skills necessary to address child's special

needs is relevant to unfitness).

Nor are we persuaded that the judge erred in finding that

the mother was substantively unable to provide Wesley with the

parenting he requires. In reaching that conclusion, the judge

properly considered the mother's lack of insight into Wesley's

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behavioral and emotional needs, see Adoption of Breck, 105 Mass.

App. Ct. at 660 (parent's lack of understanding of child's

complex medical needs is relevant to unfitness), and the risk

that the mother's unrealistic assessment of her own strengths

and weaknesses as a parent would put Wesley at risk of neglect

or domestic violence.5 See Care & Protection of Vick, 89 Mass.

App. Ct. 704, 708 (2016) (parent's refusal to acknowledge

shortcomings is relevant to unfitness). Additionally, the judge

took into account the fact that the mother's ability to provide

adequate care for Wesley -- a task that at the time of trial

required the coordinated effort of four adults (his foster

parents and grandparents) -- would inevitably be limited by her

obligations to care for her four other children, who then ranged

in age from one to fourteen.6 Given the considerations we have

already discussed, and taking into account the judge's

5 In her brief, the mother argues that the judge's findings
are "incomplete" because in them, the judge does not address the
report of Jennifer M. Laney, Psy.D., which included Dr. Laney's
opinion about the extent and source of the mother's sometimes
inaccurate assessments of her own personal strengths and
weaknesses. Where the judge made findings that reflect her
awareness of Dr. Laney's psychological evaluation of the mother,
we are not persuaded that the judge failed to consider any
"troublesome facts" in Dr. Laney's report.

6 At the time of the trial, the mother had custody of her
youngest child and shared custody of her oldest child. As we
have noted, after the trial, the judge ordered that two of
Wesley's younger siblings (each of whom has her own special
needs) be prepared for reunification with the mother.

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determination that it would cause Wesley "irreparable harm" to

be removed from the foster family with whom he is now bonded,

see Adoption of Daniel, 58 Mass. App. Ct. at 203-204, we discern

no reason to disturb the decree terminating the mother's

parental rights to Wesley.

Finally, the fact that the judge found the mother fit to

parent the two younger children involved in this care and

protection action is not inconsistent with the judge's

determination that the mother was unfit to parent Wesley. It is

well settled that "[p]arental fitness as to one child does not

render a parent fit with respect to a different child" where the

special needs of the children differ. Adoption of Frederick,

405 Mass. 1, 9 (1989). We are satisfied that the judge paid

careful attention to the evidence at trial and that her decision

was based on clear and convincing evidence of the mother's

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unfitness and on proper consideration of Wesley's best

interests. See Adoption of Gwendolyn, 29 Mass. App. Ct. 130,

136 (1990).

Decree affirmed.

By the Court (Massing, Hand &
Allen, JJ.7),

Clerk

Entered: December 16, 2025.

7 The panelists are listed in order of seniority.

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