ADOPTION OF ILONA
944 N.E.2d 115 (2011)
NATURE OF THE CASE: The Appeals Court concluded that a judge, in an adoption, abused his
discretion in not ordering visitation with the biological mother. The child and mother filed
applications for further appellate review.
FACTS: The Department filed a petition alleging that Ilona was a child in need of care
and protection. The Juvenile Court found that Ilona's mother and father were 'currently
unfit and that their unfitness was 'likely to continue into the indefinite future to a near
certitude.' The judge dispensed with the need for her parents' consent to adoption,
guardianship, or custody. The Department proposed that Ilona be adopted by her current
foster parents. The judge also found that a significant attachment existed between Ilona and
her mother and that continued contact between them was in Ilona's best interest, but
declined to enter an order as to the frequency or extent of contact between them, concluding
that these decisions were 'best left to the informed decision making' of Ilona's preadoptive
parents. The mother appealed. The Appeals Court concluded that the judge did not err in
terminating the mother's parental rights but that he abused his discretion in not ordering
visitation with the mother. Mother and Ilona appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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