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Appeals court reviews trial judge’s finding of maternal unfitness in DCF termination and adoption case

September 15, 2025 | Judicial - Appeals Court Oral Arguments, Judicial, Massachusetts


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Appeals court reviews trial judge’s finding of maternal unfitness in DCF termination and adoption case
An appellate panel heard argument over whether a trial court correctly found a mother currently unfit and likely to remain so, terminated her parental rights, and approved adoption by a relative caregiver.

Mother’s counsel Sherry Krasner told the court the mother had been sober since early 2019, participated in treatment, completed parenting classes and therapy, and had appropriate, supervised visits that showed healthy bonding with the child. Krasner argued the evidence did not support the trial court’s determination of current unfitness by the clear‑and‑convincing standard and urged reversal.

William Cuddle, for the Department of Children and Families, said the trial judge properly weighed the record and found ongoing risk: the mother had periodically allowed people with substance‑use histories into her home, stopped attending recovery meetings while those persons were present, and had past episodes that created safety concerns. DCF argued the judge recognized mother’s efforts but reasonably concluded they did not overcome the court’s concerns about insight, stability, and future risk.

Counsel for the child, Susan Taylor, emphasized the child’s current placement and bond with the great‑aunt family, the court’s findings about the mother’s mental‑health diagnoses and prior incidents, and the absence of completed psychological or parental‑fitness evaluations. Taylor said those factors supported the judge’s finding that unfitness was not likely to be temporary and that adoption approval was not an abuse of discretion.

Why it matters: The decision implicates the high legal standard for terminating parental rights (clear and convincing evidence of current unfitness and likely continuance) and the evidentiary balance courts must draw when parents show sobriety and participation in services but also have histories of mental‑health issues, relationship violence, or exposure to substance users.

Key points from argument
- Mother’s counsel: Krasner emphasized sustained sobriety since 2019, active participation in counseling and recovery, appropriate supervised visits, and that the mother had planned housing moves and supports; she argued the trial court’s emphasis on past history and earlier relinquishments of parental rights overstated the evidence of current unfitness.
- Department and child’s counsel: Cuddle and Taylor pointed to specific incidents in which the mother permitted people with substance‑use histories into her home, an overdose event responders reported, incomplete diagnostic evaluations, and the mother’s episodic anger and limited insight. The department argued those facts reasonably supported the judge’s conclusion of continuing risk and unfitness.

Quotations (verbatim)
"She had been clean since November 2019," Sherry Krasner told the panel, urging that sobriety and active treatment weigh in her client’s favor.
"Mother wasn't doing everything right," William Cuddle said, listing episodes in which individuals with substance‑use issues were in mother’s home and the mother’s inconsistent participation in recovery meetings while those individuals were present.

Court status and next steps
Argument concluded; the panel took the case under submission and will issue an opinion addressing whether the trial court properly applied the clear‑and‑convincing standard and whether termination and adoption approvals should be affirmed.

Speakers (from the argument record)
- Sherry Krasner — Counsel for the mother (private)
- William Cuddle — Counsel for the Department of Children and Families (government)
- Susan Taylor — Counsel for the child (private)
- Presiding justice and panel members — bench (government)

Clarifying details from the hearing
- Mother reported sobriety since 02/2019 and participation in counseling and recovery supports.
- Counsel referenced an incident in which an acquaintance reportedly inhaled aerosol and required emergency services and episodes where visitors with substance histories were present in the mother’s home.
- The trial judge found the mother carried diagnoses (bipolar, PTSD, anxiety) and concluded unfitness by clear and convincing evidence.

Searchable tags: DCF, termination of parental rights, adoption, mental health, sobriety

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