Parent and child – Termination – Sibling visitation

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Where a mother was found unfit, a remand is necessary for the judge to reconsider the issue of sibling visitation.

“After a trial, a Juvenile Court judge found the mother unfit to parent her three children, adjudicated the children to be in need of care and protection, and committed them to the permanent custody of the Department of Children and Families (department). The judge terminated the mother’s parental rights as to the youngest two children and approved a plan of adoption for them in the same foster family. The judge declined to terminate the mother’s parental rights as to the oldest child. The mother and the oldest child challenge the judge’s finding that the mother was unfit, as well as the judge’s deferral to the time of trial of certain motions regarding parenting time. The oldest child also appeals the judge’s posttermination and postadoption sibling visitation orders. We affirm the decrees and the judgment finding the mother unfit to parent Bailey but remand with respect to the sibling visitation orders. …

“… Here, based on the judge’s decrees, the oldest child was to remain separated from the younger two siblings, who were to be adopted by their foster family. The judge ordered that the oldest child would have posttermination and postadoption visitation with the two younger siblings ‘consistent with the therapeutic needs’ of the older two siblings, who each had significant ‘mental health challenges.’

“Although an order of sibling visitation may be issued upon a finding that the visitation is in the best interests of all the children, … if the judge orders visitation, the judge must also decide ‘the schedule and conditions of visitation.’ … Here, the judge ordered visitation, but only as ‘consistent with the therapeutic needs of [the older] children.’ Here, guided by Care and Protection of Ian, 46 Mass. App. Ct. 615, 620 (1999), we conclude that the wording of the order could have the unintended result of terminating all visitation between the oldest child and other siblings.

“Accordingly, the sibling visitation orders are vacated, and the cases are remanded for further proceedings on that issue. On remand the judge should reconsider the issue of sibling visitation, make a specific finding, consistent with the governing standard, regarding whether sibling visitation is in the best interests of all three children, and if so, provide an appropriate scheduling order for posttermination and postadoption sibling visitation. The decrees are otherwise affirmed. The judgment finding the mother unfit to parent Bailey is otherwise affirmed.”

Care & Protection of Bailey (and two companion cases) (Lawyers Weekly No. 81-099-24) (14 pages) (Docket No. 23-P-1350) (Sept. 6, 2024).

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