The Vermont Supreme Court affirmed a family division order terminating a father's parental rights to his children A.K. and A.C., born in September 2019 and March 2023, respectively. The case, designated 25-AP-276, involved appeals from Superior Court decisions in Washington Unit Family Division.
The court's entry order detailed a troubling pattern of substance abuse and neglect that led to state intervention. According to the findings, when A.K. was born, she initially lived with both parents and her father provided primary care. However, the family situation deteriorated significantly when A.K. was two years old, as her mother began abusing crack cocaine and her father started abusing alcohol.
The father and A.K. temporarily moved in with the father's biological mother, but he later returned to live with the mother despite knowing they could not safely parent A.K. This decision proved crucial to the subsequent legal proceedings.
In December 2022, the State of Vermont filed a petition alleging that A.K. was a child in need of care or supervision (CHINS). At the time of filing, the court found that the mother was abusing heroin daily without treatment, the father was drinking heavily, the family was living in a car, and A.K. was filthy, unfed, and unsafe. These conditions prompted the court to grant custody of A.K. to the Department for Children and Families (DCF).
The situation became more complex in March 2023 with the birth of A.C. Shortly after A.C.'s birth, the State filed another CHINS petition alleging that A.C. lacked proper parental care. The newborn was born addicted to substances and required immediate transport to the University of Vermont Medical Center at birth for medical treatment.
The family division court ultimately ordered the termination of the father's parental rights to both children. On appeal to the Vermont Supreme Court, the father raised several arguments challenging the lower court's decision. He argued that the court erred in denying his motion for judgment in his favor and in reopening the evidence. Additionally, he contended that the evidence did not support the court's finding that there was a change of circumstances due to stagnation in his case.
The Vermont Supreme Court rejected all of the father's arguments and affirmed the family division's termination order. The high court's entry order noted that decisions of three-justice panels are not to be considered as precedent before any tribunal, indicating this was decided by a panel rather than the full court.
Termination of parental rights cases represent some of the most serious proceedings in family law, as they permanently sever the legal relationship between parent and child. Vermont law requires courts to find by clear and convincing evidence that termination is in the best interests of the child and that one of several statutory grounds exists.
The case highlights ongoing challenges with substance abuse and child welfare in Vermont. The Department for Children and Families becomes involved when children are deemed to be in need of care or supervision due to circumstances including neglect, abuse, or unsafe living conditions.
CHINS proceedings are designed to provide services and support to families while ensuring child safety. However, when parents are unable to address the issues that brought their children into state custody, termination of parental rights may become necessary to provide permanency for the children.
The involvement of multiple substances in this case - crack cocaine, heroin, and alcohol - demonstrates the complex nature of addiction's impact on families. The court's findings that the family was living in a car with an unfed and filthy child illustrate the severe neglect that can result from untreated substance abuse.
The fact that A.C. was born addicted to substances and required immediate medical intervention underscores the ongoing nature of the problems that led to state involvement. This circumstance likely influenced the court's determination that the parents were unable to provide safe care for their children.
For A.K. and A.C., now approximately 6 and 3 years old respectively, the termination of parental rights opens the possibility for adoption and permanent placement. DCF typically seeks adoptive families for children whose parental rights have been terminated to provide stability and permanency.
The Vermont Supreme Court's affirmance of the termination order concludes the appellate process in this case, making the family division's decision final. The father has exhausted his appeals and the children can move forward toward permanent placement outside their biological family.