In re Cr.M.

659 A.2d 1159, 163 Vt. 542, 1995 Vt. LEXIS 50
CourtSupreme Court of Vermont
DecidedMay 12, 1995
DocketNo. 94-131
StatusPublished
Cited by9 cases

This text of 659 A.2d 1159 (In re Cr.M.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Cr.M., 659 A.2d 1159, 163 Vt. 542, 1995 Vt. LEXIS 50 (Vt. 1995).

Opinion

Allen, C.J.

Mother and father appeal from an order of the Windsor Family Court terminating their residual parental rights and responsibilities to their three children. We affirm.

The Department of Social and Rehabilitation Services (SRS) first became involved with the family in 1991, after receiving a report that 15-day-old M.M., admitted to the hospital for failure to thrive, had been removed from the hospital against medical advice. A short time thereafter, SRS opened a case and offered services to the family after receiving a report that C.M., then age six, had been suffering a life-threatening chronic urinary tract infection due to failure to receive prescribed medication. She was also suffering chronic constipation and was displaying extremely withdrawn behaviors, which were diagnosed as an indication of intense emotional stress.

SRS’s efforts to help the family were unsuccessful due to the parents’ lack of cooperation and denial of their children’s medical problems. A neglect petition was filed in December 1991, and in [544]*544January 1992 all three children were adjudicated children in need of care and supervision (CHINS), based on the stipulation of the parties.

The children remained in the home, and the court found that the parents were initially more cooperative in accepting sendees and working within community support systems available to assist their family. A program of full services was initiated looking toward allowing the children to remain in the home. A central element of the plan was the father’s willingness to undergo alcohol screening and treatment.

Two months later, SRS filed an emergency motion to transfer custody of Cr.M., whose medical progress was stifled by profound emotional distress. Based on extensive, stipulated findings about the health and well-being of the child, the court placed Cr.M. with SRS. It also amended the protective supervision order with respect to the other children, prohibiting alcohol consumption in the children’s presence and barring contact with the father except under supervision of the mother.

The court approved an amended disposition report providing for weekly visits with Cr.M., under SRS supervision, outpatient alcohol treatment for the father, and individual and family therapy for the mother at a community mental health center in July 1992. Less than one month after the disposition was amended, M.M. was hospitalized for failure to thrive. After M.M. was discharged in August 1992, the parents once again denied his existing medical problems.

That same month, the mother obtained a relief-from-abuse order and separated from the father. The restraining order also prohibited contact between the father and the children. Immediately following the abusive episode, the mother began to demonstrate increasingly psychotic behavior, and voluntarily admitted herself for in-patient psychiatric treatment. At SRS’s request and the mother’s consent, the court issued an order placing C.M. and M.M. in SRS’s custody. The mother remained hospitalized until September, and in October, moved into a community care home. A month later, she moved back home with the father. In October 1992, SRS revised, the case plan to delete the goal of reunification. Given the parents’ lack of progress and their present crisis situation, SRS recommended that the family undergo a family forensic evaluation so SRS could develop an accurate long-term goal. The State’s motion for a family evaluation was granted.

The forensic family evaluation was completed in March 1993 and was followed by case plan reviews for C.M. and M.M. The evaluation [545]*545discussed several options, but indicated that permanent placement with the foster parents was the safest option for the children. Based on the evaluation’s recommendation and the parents’ minimal compliance with the case plan, the State moved to terminate the parents’ residual parental rights, alleging that the parents would not be able to resume their parental duties within a reasonable time. Relying on the testimony of the SRS case worker, a physician, the foster mother of M.M., and the therapists for C.M. and M.M., the court granted the State’s motion, finding that there had been stagnation and deterioration of both parents’ ability to care for and parent the children. The court referred specifically to the father’s “serious drinking problem which he has been unable to modify reliably, and which causes violent episodes between himself and other family members.” The court added:

As to the mother, her mental disorder and her psychotic episodes have been treated only intermittently. Given her extreme dependence on [the father], her mental illness profoundly affects her ability to adequately protect the children from the effects of their father’s alcoholism, poor parental judgment, and propensity [for] violence. There is no indication that either parent has the potential in the near future to improve their parenting skills, or to modify or remedy their behavior or lifestyle in order to become a responsible parent to the children.

The present appeals followed.

I. Mother’s Appeal

When a court considers terminating parental rights under 33 V.S.A. § 5532(a) it must conduct a two-step analysis: first, the court must find whether there has been a substantial change in material circumstances; second, it must decide whether the best interests of the child require termination of parental rights. In re J.R., 153 Vt. 85, 99-100, 570 A.2d 154, 161 (1989). A substantial change in material circumstances is “most often found when the parent’s ability to care properly for the child has either stagnated or deteriorated over the passage of time.” In re H.A., 153 Vt. 504, 515, 572 A.2d 884, 890, cert. denied, 498 U.S. 861 (1990). Stagnation may be shown “by the passage of time with no improvement in parental capacity to care properly for the child.” In re J.R., 153 Vt. at 99, 570 A.2d at 161. If the court decides to terminate parental rights, its findings must be [546]*546supported by clear and convincing evidence, and they will withstand review in this Court unless they are clearly erroneous. In re S.R., 157 Vt. 417, 421, 599 A.2d 364, 367 (1991).

The mother challenges only the court’s finding of stagnation. Her main argument — essentially her only argument — is that the case plans were not reasonably calculated to render her a fit parent because they did not adequately address her needs as a battered woman or ensure her escape from her husband’s abuse. She contends that her own parenting problems, the family dysfunction, and the threats to the health and well-being of the children, none of which she denies, all stemmed from the father’s violent behavior. In support of her theory, she devotes much attention to explaining the dynamics of the battered woman’s syndrome, the concomitant problem of “learned helplessness,” and the need for maximum support once the battered spouse has left the batterer. Thus, she asserts:

That SRS’s offer of services was refused was a typical response from a battered woman and one that SRS could have anticipated. Under the circumstances, SRS should have taken stronger measures to help her escape and to resist the compulsion to return to the abusive environment.

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Cite This Page — Counsel Stack

Bluebook (online)
659 A.2d 1159, 163 Vt. 542, 1995 Vt. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-crm-vt-1995.