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

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Summary

An appellate panel heard challenge to a trial court’s finding that a mother was currently unfit and likely to remain so, a finding that led to termination of parental rights and approval of adoption by the child’s great aunt.

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…

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