BLAKE, J.
A judge of the Juvenile Court found that the child was in need of care and protection, that the mother was unfit to assume parental responsibility, and that the unfitness was likely to continue into the indefinite future. On appeal, the mother challenges the sufficiency of the evidence supporting the judge's
1. Background. We summarize the relevant facts and procedural history as set forth in the judge's decision and as supported by the record, reserving other facts for later discussion. The parents met in high school and, shortly thereafter, the mother became pregnant. The child was born in February, 2002. Immediately after his birth, and for the next four and one-half years, the father was the child's primary caretaker; during that time period, the father and child lived with the father's mother. When the father lost his job, he placed the child in the mother's care. In 2008, the father moved to Georgia, where he has extended family, because he was unable to find employment in Massachusetts. Despite the distance, the father maintained contact with the child's schools and medical providers. From 2008 to 2013, the child spent most of his summers with the father in Georgia.
In 2013, the mother resided in Brockton with the child, her sister (aunt), and her father (grandfather). She also had a residence in Stoughton. In November of that year, the police responded to the Brockton home after the aunt fell in the shower. Following that incident, the Department of Children and Families (DCF) received three reports, filed pursuant to G. L. c. 119, § 51A (51A reports), each alleging the neglect of the child by the mother. The primary concerns expressed were the condition of the mother's Brockton home, the lack of food available, and the exposure of the child to drug abuse. The 51A reports were investigated and substantiated.
After the mother failed to cooperate or provide access to the Brockton home, on November 25, 2013, DCF filed a care and protection petition pursuant to G. L. c. 119, § 24, alleging that the child was in need of care and protection. On December 5, 2013, a stipulation of conditional custody was approved allowing the mother to have continuing custody of the child.
2. Standard of review. In care and protection cases, the judge's subsidiary findings must be proved by a preponderance of the evidence and will only be disturbed if clearly erroneous. See Care & Protection of Laura, 414 Mass. 788, 793 (1993); Custody of Eleanor, 414 Mass. 795, 799 (1993). "Taken together, these findings must then prove clearly and convincingly that the [parent is] currently unfit to provide for the welfare and best interests of [the child]." Adoption of Quentin, 424 Mass. 882, 886 (1997). Parental unfitness is determined by considering a parent's character, temperament, conduct, and capacity to provide for the child's particular needs, affections, and age. Adoption of Mary, 414 Mass. 705, 711 (1993).
3. The mother's unfitness. The mother claims that DCF failed to prove that her parenting placed the child at serious risk of harm "from abuse, neglect, or other activity harmful to the child." Care & Protection of Bruce, 44 Mass.App.Ct. 758, 761 (1998). Specifically, she claims that the condition of the Brockton home, coupled with her failure to cooperate with DCF, did not endanger the child to the degree necessary to demonstrate unfitness. We disagree.
The cleanliness of a parent's home is an appropriate factor for consideration in determination of that parent's fitness. See Care & Protection of Three Minors, 392 Mass. 704, 713 & n.11 (1984). Here, the December 3, 2013, stipulation of conditional custody clearly directed the mother as to the actions she needed to take to maintain custody of the child, including maintaining a safe and clean home environment. Yet during a visit to the Brockton home on March 18, 2014, a Juvenile Court probation officer found the home to be in a "deplorable" condition, with dirty rugs and refrigerator, a blackened stove, and a toilet that was
Likewise, "[e]vidence of parents' refusal to cooperate with [DCF],
The mother has also made poor choices regarding caretakers for the child. The aunt, who provided much of the child care, had outstanding warrants.
The child also has behavioral and educational issues, and the judge concluded that the mother was unwilling or unable "to comprehend the impact of [her] behaviors" on the child.
4. Other issues. a Mother's mental health. Contrary to the assertions of the mother and the child on appeal, the judge's determination of unfitness was in no way tied to his finding that she had an undiagnosed mental illness. Rather, the mother's over-all demeanor, including her defensiveness, refusal to accept services, and her court room outburst,
b. Assessment of the evidence. The judge's findings are both "specific and detailed," demonstrating, as we require, "that close attention was given to the evidence." Adoption of Helen, 429 Mass. 856, 859 (1999). Those findings, which reflect endangerment and neglect of the child, provide clear and convincing evidence of the mother's unfitness. The mother's claim that the judge's pretrial comments indicate that he "prejudged the case" is unavailing. See Adoption of Tia, 73 Mass.App.Ct. 115, 119-124 (2008) (judge's comments, although "troubling," did not require reversal where evidence "substantially supported the judge's findings and conclusions").
c. Child's preference. At trial, counsel for the child argued that the mother was unfit and that the child should not be returned to
5. Conclusion. Collectively, the mother's utter failure to accept services, the unsafe and unsanitary conditions of the home, and her lack of judgment concerning the child's needs clearly supported the determination of unfitness.
Judgment affirmed.