Adoption of Oliver
Massachusetts Appeals Court
554 N.E.2d 40 (1990)
- Written by Katrina Sumner, JD
Facts
Oliver was a child in foster care whose mother (Mother) (defendant) was found to be unfit. Mother was an alcoholic, and Oliver was born with fetal alcohol syndrome. After determining that Oliver’s mother was unfit based in part on her inability to care for Oliver’s special needs, a decree was entered permitting Oliver to be adopted without Mother’s consent, on the belief that Oliver’s foster parents were going to adopt him. The decree also required a review after one year if an adoption had not already occurred. Mother appealed the decree. However, due to various factors, multiple years passed before Mother’s appeal was heard. On appeal, one of Mother’s main arguments was that the decree was based on outdated information and that certain findings of the probate court, which were based on the older findings of a juvenile court, should not have been admitted. However, the Massachusetts Appeals Court (the court) was satisfied that the probate judge utilized the earlier findings in a proper manner, and the court considered whether the one-year review, which was long overdue, should still occur.
Rule of Law
Issue
Holding and Reasoning (Armstrong, J.)
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