Appeals court weighs DCF’s permanent custody orders after contested service and safety findings

The Massachusetts Appeals Court heard an appeal of Department of Children and Families (DCF) orders that adjudicated a mother permanently unfit and placed two younger children in DCF custody. Counsel and the court discussed whether the record showed a permanent inability to parent and whether DCF carried its burden to provide services and keep the oldest child safe while in care.

Appellant’s position: Julia Fisher Neer, representing the mother, argued the department failed to provide timely, meaningful assistance and that DCF had not proven permanent unfitness. Neer said the oldest child — who spent much of her life with the mother and, per trial testimony, did best with her mother — continued to face serious harms while in DCF custody, including sexual assault and…