Adoption Of Gregory

747 N.E.2d 120 (2001)

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Nature of the Case

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Facts

Gregory, was born on March 3, 1997. There were immediate concerns that his parents could not care for him. The mother admitted to the hospital staff that she did not know what to do with Gregory, would not be able to manage at home, had a bad temper and did not want to hurt him. The mother displayed a lack of concern for personal hygiene and an inability to learn basic caretaking skills, such as diapering and burping. The father's ability to provide sufficient support and care to Gregory was in question as well. The parents frequently argued in front of Gregory, and the mother spoke in a loud, argumentative voice. Gregory is unusually disturbed by loud noises. The hospital staff filed a mandated reporter report alleging that Gregory was at risk of neglect. DSS (P) filed a petition alleging that Gregory was in need of care and protection. P was granted temporary custody on that date, and has retained custody of Gregory since then. P filed a motion to amend to request that the court dispense with the parents' consent to adoption. It was granted. Gregory' suffers from complex medical and developmental problems and mild cerebral palsy. He requires assistance to sit, has tactile hypersensitivity, lacks speech and language development, and exhibits limited spontaneous interaction. He also suffers from cognitive delays, has a short attention span, and engages in a rocking behavior and head shaking when he is not occupied. Due to his difficulty ingesting solid foods, his foster parents must prepare him for meals by massaging his gums, mouth, and lips. Gregory's morning routine usually requires up to one and one-half hours of concentrated work on the part of his foster parents. He also needs them to perform thirty minutes of physical therapy on him three times a day. Gregory will continue to require this therapy, as well as other medical intervention, to address his many needs. P provided rehabilitation to the parents. The parents did not utilize the services. After a ten-day trial, the judge found the parents currently unfit to care for Gregory; finding him in need of care and protection; committing him to the custody of the P; and dispensing with the need for the parents' consent to adoption. F appealed.