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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The judge should have determined whether terminating the mother's and father's parental rights was in the best interests of the children given the fact that the goal was for the maternal grandmother to become the children's guardian, rather than their adoptive parent. A judge must "consider the plan proposed by the department" when weighing the best interests of the children. G. L. c. 210, § 3 (c ). Here, the judge failed to meaningfully consider and evaluate that guardianship was the goal for the children. Contrast Adoption of Lars, 46 Mass. App. Ct. 30, 31-32 (1998). The ramifications of a guardianship versus an adoption are different and we cannot conclude, based on the judge's findings, whether she would have terminated the parents' rights in the event of guardianship rather than adoption. See Adoption of Carlos, 413 Mass. at 350 ("In determining whether that extreme step [of terminating parental rights] should be taken, consideration of the future is a necessity").

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