In re Adoption of Gregory (2001)

By Vanessa Pimentel

Overview

In re Adoption of Gregory (2001) was a case heard by the Massachusetts Supreme Judicial Court that addressed an appeal to determine if the parents of a child named Gregory were unfit and have their parental rights terminated. The case centered around if the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, was applicable to the termination proceedings since both parents had disabilities. It also determined if the Department of Social Services failed to provide appropriate accommodations for the father’s disabilities. Also, it decided if the previous judge’s findings of parental unfitness were mistaken and if the judge was wrong in not allowing post termination and post adoption visits. 

Summary

Gregory was born on March 3, 1997 and suffers from various developmental and medical problems. Some issues consist of a lack of speech and language development, mild cerebral palsy, difficulty ingesting solid foods, and etc. At the hospital, the staff became concerned with whether his parents had the ability to adequately care for him. His mother expressed she did not know what to do, made threatening and negative comments about Gregory, showed signs of poor impulse control, and was not able to focus on Gregory. His father was also said not to provide sufficient care and support needed for their child. Due to these various concerns, this led to the hospital staff filing a neglect report through the Department of Social Services. The Department of Social Services then filed a petition in the District Court, alleging that Gregory needed protection and care. On March 11, 1997, the Department of Social Services was granted temporary custody. The District Court also allowed the motion to amend the petition to request the court allot Gregory’s parents’ consent to adoption. 

The parents responded by appealing the judgment from the District Court that allotted their consent to adoption. Both of Gregory’s parents claimed that the judge misjudged them as being considered unfit parents, and the refusal to order post-adoption visits and post-termination. Gregory’s father also alleges the Department of Social Services failed to provide adequate accommodations for his disabilities, which violates ADA and Massachusetts law; therefore, the judge is mistaken in terminating his parental rights. 

The court found that the department, in fact, provided reasonable accommodation for the father’s disabilities. Some of the accommodations the department attempted to offer were providing him with a social worker who is knowledgeable in working with people with cognitive limitations, references to specialized parenting programs, extended and enhanced visitations, etc. The court took note that Gregory’s father did not in fact use the accommodations that were provided for him. It was found that he had refused supervised residential settings, failed to sign necessary releases that the social worker needed to be able to communicate with the parenting instructor, and missed parenting sessions. 

As for the parental unfitness, the court expressed that the department was able to meet the burden of clearly and convincingly showing parental unfitness. The judge took into account both of the parents’ mental illness histories and cognitive limitations, which led the judge to find that they would not be able to adequately parent Gregory and his special needs. The judge also considered Gregory’s parents' failure to attend his medical appointments, learn basic special caretaking skills, and their violent arguments. The court ultimately ruled that the decree dispensing with the need for parental consent to adoption is affirmed. 

Impact

In re Adoption of Gregory is a significant case that transformed the way the ADA is to be applied and understood in parental rights cases in the state of Massachusetts. This case sheds light on the fact that ADA alone is not able to prevent the termination of parental rights due to parental unfitness as the child’s best interest are of utmost importance.

Court Documents

In re Adoption of Gregory (2001)

Citations

“Adoption of Gregory v. << (2001) | FindLaw.” Findlaw, 2025, caselaw.findlaw.com/court/ma-supreme-judicial-court/1188828.html. Accessed 5 June 2025.

 “Americans with Disabilities Act of 1990, Title II Subpart a | U.S. Department of Labor.” Www.dol.gov, www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/title-ii-americans-with-disabilities-act-of-1990. Accessed 02 June 2025.