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Father fights to regain custody amid substance abuse struggles

October 11, 2024 | Judicial - Appeals Court Oral Arguments, Judicial, Massachusetts


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Father fights to regain custody amid substance abuse struggles
In a recent court hearing, the ongoing custody battle involving a father and the Department of Children and Families (DCF) took center stage, as the father appealed the termination of his parental rights. Represented by attorney David Cohen, the father acknowledged his current unfitness as a parent but argued that there remains a \"faint hope\" for future fitness, citing past successful reunifications with his children and his willingness to engage in treatment programs.

Cohen highlighted the father's previous participation in a residential treatment program, Sage House, where he had successfully reunited with his children before. He emphasized the father's commitment to treatment, noting that he had sought to return to Sage House with his children after their removal in March 2021. However, the DCF's stance, articulated by attorney Rory Thomas Scowren, maintained that the father's substance abuse and mental health issues have severely impaired his ability to care for his children, leading to repeated removals over the years.

The court heard testimony regarding the father's struggles with addiction, including multiple overdoses while caring for his children. Scowren argued that the evidence presented during the trial demonstrated a pattern of unfitness that was likely to continue indefinitely, a claim the father contested. The trial court's findings, which included over 150 detailed factual conclusions, were described as well-reasoned and deserving of deference.

Christine Hamilton Quiros, representing the children, underscored the trauma experienced by the children due to their father's substance abuse, stating that reunification efforts had not been successful. She painted a stark picture of the children's last experiences in their father's care, detailing a chaotic and unsafe environment marked by neglect and drug use.

As the court deliberates, the case highlights the complex interplay between parental rights, the welfare of children, and the challenges posed by substance abuse and mental health issues. The father's appeal raises critical questions about the potential for rehabilitation and the standards for determining parental fitness in the context of ongoing struggles with addiction.

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