Adoption of Carlos

O’Connor J.

This is the appeal of the Department of Social Services (department) from the denial of its petition to dispense with consent to adoption pursuant to G. L. c. 210, § 3 (1990 ed.). After the petition was denied in the trial court, the Appeals Court reversed and ordered the entry of a decree allowing the petition. 31 Mass. App. Ct. 233 (1991). We granted further appellate review. We now affirm the judgment entered in the trial court, denying the petition.

In May, 1986, the department filed a care and protection petition in the District Court pursuant to G. L. c. 119, § 24 (1990 ed.).…