Massachusetts Court Case: Care of Georgette

CARE AND PROTECTION OF GEORGETTE (and three companion cases n1, n2 ).

n1 Care and Protection of Lucy; Adoption of Beth; and Adoption of Judith. All children's names throughout this opinion are pseudonyms.

n2 Seven children were originally involved in this case: Bruce, born on May 22, 1978; Michelle, born on August 25, 1980; Rena, born on July 20, 1983; Georgette, born on September 20, 1984; Lucy, born on September 26, 1986; Beth, born on February 17, 1989; and Judith, born on June 17, 1990. Bruce and Michelle were dismissed from the case before trial when they reached the age of eighteen; the trial judge's findings of fact and conclusions of law appealed from do not concern them. Rena has now also reached eighteen, and she is not part of this appeal. All of these children, with the exception of Bruce, are female, and the youngest five children, i.e., Rena, Georgette, Lucy, Beth, and Judith, are the biological children of the father involved in this appeal. All of the children were removed from their home in August, 1993, after DSS had received and substantiated several reports (pursuant to G. L. c. 119, § 51A) of neglect, domestic violence, and alcohol abuse. They have resided continuously in foster care since that time. On the basis of his findings of fact and conclusions of law after a fourteen-day trial beginning in March, 1998, the trial judge determined these five children to be in need of care and protection, terminated the father's right to consent to adoption for Beth and Judith, and placed Rena, Georgette, and Lucy in the permanent custody of DSS. The father, Georgette and Lucy have appealed. The mother of the children, who was also found unfit, has not been heard from since June, 1996, and is not part of these proceedings. 

No. 01-P-159 

APPEALS COURT OF MASSACHUSETTS 

54 Mass. App. Ct. 778; 768 N.E.2d 549

September 12, 2001, Argued 

May 22, 2002, Decided 

As Corrected September 10, 2002. Review or Rehearing granted, in part: Care & Prot. of Georgette, 2002 Mass. LEXIS 625 (Mass. Sept. 12, 2002). 

Bristol. Petitions filed in the Bristol County Division of the Juvenile Court Department on August 19, 1993. The cases were heard by Ronald D. Harper, J., and motions for a new trial and to vacate the decree, dismiss the petitions, and grant custody, filed on March 28, 2000, were heard by Mark E. Lawton, J. 

Decrees were affirmed as to Beth and Judith. Judgments were affirmed as to Rena, Georgette, and Lucy. Order denying motion for relief from judgment under rule 60(b)(6) was affirmed.