Juvenile Judge Didn't Bother With Evidence, says Mass. Appeals Court

The Massachusetts Appeals Court just overturned a Juvenile Court judgment to terminate parental rights, in one of the most scathing opinions I have seen. (Docket No. 2008-P-0867, Judge Terry M. Craven) The Court criticized the judge for not bothering to even look at the evidence. A brief excerpt follows, from Mass. Lawyer's Weekly:

"Where a judge found a mother and father unfit and dispensed with their consent to adoption of their children, the order must be vacated to the extent that it terminated the mother's and father's parental rights.

"It is difficult to reach a clear conclusion of parental unfitness such that termination would be in the children's best interests on the record before us. The evidence does not appear to have been treated fairly and difficult facts do not appear to have been fairly considered. It is clear that close attention has not been paid to the evidence. This is certainly not to say that these parents are fit. In fact, we do not know whether these parents are fit or unfit to further the welfare and best interests of the children, although this passage of time which has occurred will provide the opportunity to make a clear and final determination of that question.

"The decrees in so far as they terminate the mother's and father's parental rights are vacated. The adjudications that the parents are unfit and the children are in need of care and protection are affirmed. The matter is remanded to the Juvenile Court for further proceedings before a different judge."