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Appeals court considers whether judge erred in termination order after child bonded with pre‑adoptive family

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Summary

Argument focused on whether the probate judge made the statutory findings required when a judge relies on a child's bond with substitute caregivers as a decisive factor under M.G.L. c. 210, §3(c)(7); mother’s lawyer asked for remand, DCF and child’s counsel urged affirmation.

The Appeals Court heard argument in Department of Children and Families v. Mother (No. 24749) on whether the probate and family court erred in terminating a mother’s parental rights without making the specific factual findings required when the bond between a child and pre‑adoptive caregivers is a decisive factor.

Appellant counsel Jennifer DeFeo, representing the mother, told the court that Massachusetts precedent requires a judge to identify: the nature of the bond between the child and the substitute caregivers; why severing that bond would cause serious psychological harm; what means to mitigate that…

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