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ADOPTION OF HUGO

No. 98-P-0576.

44 Mass. App. Ct. 863 (1998)

ADOPTION OF HUGO.

Court of Appeals of Massachusetts, Suffolk.

May 27, 1998.

Attorney(s) appearing for the Case

R. Susan Dillard, Committee for Public Counsel Services, for the child.

Katherine M. Potter for Department of Social Services.

Susan F. Drogin for the father.

Margaret M. Geary for the mother.

Jacqueline Y. Parker for National Association of Counsel for Children, amicus curiae, submitted a brief.

Present: WARNER, C.J., KASS, & BECK, JJ.

KASS, J.

Fitness of the biological parents is not an issue in this appeal from a decree under G. L. c. 210, § 3, dispensing with consent to adoption of a minor. Their unfitness, as determined by the Juvenile Court judge, is conceded. Rather, the issue is the correctness of the choice by the judge of a plan for adoption proffered as an alternative to that proposed by the Department of Social Services (DSS).

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