In re Adoption of Maisie, 122 N.E.3d 1099 (2019)

Citation: In re Adoption of Maisie, 122 N.E.3d 1099 (2019)
Parent Document: In re Adoption of Maisie, 122 N.E.3d 1099 (2019)
Jurisdiction: Massachusetts (state)
Effective Date: 2019-01-16
Original Source: https://www.courtlistener.com/opinion/7178530/in-re-adoption-of-maisie/ ↗

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Here, the record shows that the goal for the children at the time of trial was guardianship by the maternal grandmother rather than adoption. The maternal grandmother testified that her "discussions with [DCF] have been to do a guardianship ... so that [she] can financially provide for [the children] until they're 18." The maternal grandmother also testified that her income was "assistance from DCF [and] Social Security Disability."3 The maternal grandmother's financial situation is relevant because in order "[t]o conclude that adoption by a particular person is in the child[ren]'s best interests, the judge must have evidence that the person is actually willing and able to adopt the child[ren]." Adoption of Cadence, 81 Mass. App. Ct. 162, 173 (2012). The DCF social worker also testified that the plan for the children was guardianship.4 The judge, however, does not mention guardianship in her findings.

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