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Appeals court weighs whether evidence supported finding of parental unfitness and whether DCF's remedial failures required different relief

Massachusetts Appeals Court (Oral Arguments) · October 3, 2025
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Summary

The appeals court considered whether a juvenile court properly found both parents 'presently unfit' and whether a failure by DCF to provide reasonable reunification efforts required different or additional remedial relief.

The panel heard argument in an impounded appeal captioned Department of Children and Families v. Father (parties impounded on record), concerning whether the juvenile court's September finding that both parents were presently unfit was supported by clear and convincing evidence and whether the court abused its discretion in declining to order specific remedial measures after finding DCF had not made reasonable reunification efforts.

Mother's counsel Michael Penta asked the appeals court to vacate the unfitness finding and the award of…

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