CARE AND PROTECTION OF VIERI. 
Heard: September 11, 2017.
filed in the Berkshire County Division of the Juvenile Court
Department on October 26, 2015., The case was heard by Judith
A. Locke, J.
R. Katz for the mother.
J. Haile, Assistant Attorney General, for Department of
Children and Families.
William A. Comeau for the child.
Sullivan, & Sacks, JJ.
adoptive mother, who is also his maternal grandmother
(mother), appeals from an adjudication that Vieri is in need
of care and protection pursuant to G. L. c. 119, § 26.
On appeal the mother challenges the Juvenile Court
judge's determination that she is currently unfit to
parent Vieri. We affirm.
summarize the judge's findings and the evidence
consistent with those findings. Vieri was born in September,
2001. The mother adopted Vieri and his older brother, Alan (a
pseudonym), in November of 2006, when Vieri was five years
old and Alan was seven.
June, 2014, the Department of Children and Families
(department) began an investigation arising from concerns
that Vieri was neglected. A little over a week later, the
town health department, which had had ongoing contact with
the mother over various issues in the home, responded to
complaints of a sewage leak in the home. Ultimately, over 2,
500 gallons of raw sewage were removed from the basement.
mother left Vieri, then thirteen, and Alan "on [their]
own most of the summer" of 2015. During this time, Vieri
was arrested twice; he was charged with possession of alcohol
and shoplifting in July. Later in September, 2015, Vieri was
charged with larceny for stealing $800 from the mother. Vieri
testified, and the judge credited, that he took the money
because the mother left him and Alan without food. The
department subsequently created an interim service plan for
the mother, which included cooperating with the department
and meeting with the assigned social worker, providing food
in the home, keeping the home clean, and not leaving Vieri
home alone without adult supervision.
October, 2015, an agent of the town health department went to
the home to conduct a site assessment. The agent described
the home as that of a "hoarder." The agent also found
the outside of the home littered with bulky waste. The
basement floor contained sewage residue from the earlier
backup, and an area of standing liquid; it was unclear
whether this was water or sewage. However, there was some new
backup carrying the odor of raw sewage. There was also
contaminated furniture in the basement and a contaminated
biomat on the basement floor.
result of the charges against him, Vieri was placed on
pretrial probation on October 20, 2015. On October 25, 2015,
at the request of the police, the department's emergency
response workers met with Vieri at the police station after
he had had a dispute with the mother. Vieri told the workers
that he smoked marijuana and had "taken acid, " and
that his grandmother also smoked marijuana and used pills and
cocaine. He stated that he did not want to return home, that
there was no heat in the home, and that there was usually no
food as well. The department filed the underlying care and
protection petition on October 26, 2015. When the emergency
response workers subsequently inspected the home, they found