Analysis of the Judgment of the Court of Cassation, Section I, Order No. 25172/2024: Declaration of Adoptability and Parental Responsibility

The judgment of the Court of Cassation No. 25172 of September 19, 2024, provides significant insights into the delicate issue of the declaration of adoptability in cases of severe parental inadequacy. In particular, the Court upheld the decision of the Juvenile Court of L'Aquila, which had declared the adoptability status of the minor B.B., highlighting the parental shortcomings of the mother A.A. and the need to protect the well-being of the minor.

Context of the Judgment

The case at hand 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 risk situations for the minor, culminating in the decision to declare her adoptability. The Court of Appeal, considering A.A.'s parental abilities inadequate, confirmed this decision, emphasizing the irreversibility of the abandonment status.

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

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

The Arguments of the Court of Cassation

The Court of Cassation examined the grounds for appeal presented by A.A., including the alleged violation of procedural rules regarding the notification to the father of the minor and the failure to summon the guardians. However, the Court deemed these grounds unfounded, confirming the regularity of the notifications and the absence of a 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 potential return to the biological family.

Conclusions

Judgment No. 25172/2024 represents an important step in the protection of minors in risk situations. The Court of Cassation reiterated the primacy of the minor's interest, especially in complex and problematic family contexts. The decision to declare the adoptability of the minor B.B. not only reflects the seriousness of the situation but also underscores the importance of timely and targeted interventions to ensure a safe and protected future for children involved in such cases.