Analysis of Judgment Cass. civ., Section I, Ord. no. 25172/2024: Declaration of Adoptability and Parental Responsibility

The judgment of the Court of Cassation no. 25172 of September 19, 2024, offers significant insights into the delicate issue of the declaration of adoptability in cases of severe parental inadequacy. In particular, the Court confirmed the decision of the Juvenile Court of L'Aquila which had declared the minor B.B. to be in a state of adoptability, highlighting the parental deficiencies of the mother A.A. and the need to protect the minor's well-being.

Context of the Judgment

The case in question originates from a long series of family problems involving the mother A.A. and the father C.C. The first-instance judgment had highlighted critical behaviors and risky situations for the minor, culminating in the decision to declare her adoptability. The Court of Appeal, deeming A.A.'s parental capabilities inadequate, confirmed this decision, emphasizing the irreversibility of the state of abandonment.

• The mother showed affective deficiencies and problematic behaviors.
• The father has a criminal record and violent behavior.
• Numerous social interventions did not lead to significant improvements.

The Court emphasized that the mother's parental capabilities were severely deficient, endangering the minor's well-being.

Arguments of the Court of Cassation

The Court of Cassation examined the grounds for appeal filed by A.A., including the alleged violation of procedural rules regarding the notification to the minor's father and the failure to summon the foster parents. However, the Court deemed these grounds unfounded, confirming the regularity of the notifications and the absence of placement in a foster family, arguing that the minor had been institutionalized for too long.

In particular, the Court highlighted that there was insufficient evidence to demonstrate a significant change in the family situation, and that the minor's living conditions could have been further compromised by a possible return to her family of origin.

Conclusions

Judgment no. 25172/2024 represents an important step in the protection of minors in risky situations. The Court of Cassation reiterated the primacy of the child's best interest, especially in complex and problematic family contexts. The decision to declare the minor B.B. adoptable not only reflects the gravity of the situation but also underscores the importance of timely and targeted interventions to ensure a serene and protected future for children involved in similar circumstances.