In re E.B.

603 A.2d 373, 158 Vt. 8, 1992 Vt. LEXIS 3
CourtSupreme Court of Vermont
DecidedJanuary 3, 1992
DocketNo. 90-402
StatusPublished
Cited by29 cases

This text of 603 A.2d 373 (In re E.B.) 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 E.B., 603 A.2d 373, 158 Vt. 8, 1992 Vt. LEXIS 3 (Vt. 1992).

Opinion

Gibson, J.

The parents and the guardian ad litem of two boys appeal from the juvenile court’s order terminating residual parental rights. We affirm.

I.

In March of 1987, the Department of Social and Rehabilitation Services (SRS) filed a petition alleging that the boys, then one-and-one-half and two-and-one-half years of age, were children in need of care and supervision (CHINS) because of their parents’ instability and failure to meet their medical and physical needs. At the merits hearing, the parties signed a stipulation stating that the boys were CHINS, that SRS would assume custody of the children, and that the boys would be placed with the parents as soon as the parents found appropriate housing. It was further agreed that the parents would maintain stable housing and employment, attend parenting classes, visit with the children as scheduled, attend alcohol counseling sessions, and comply with a medical plan as recommended by the children’s physician. Pursuant to the stipulation, the boys were adjudicated CHINS, and SRS assumed custody in July of 1987.

That same month, SRS placed the boys with their parents and referred the parents to various social programs to assist them in providing for the children’s medical needs, developing parenting skills, and coping with alcohol abuse. In January of 1988, SRS removed the boys from the home because of the parents’ failure to follow up on the children’s eye problems and early education needs, and because of a number of unexplained bruises found on the boys. SRS informed the parents that reunification would still be possible if they participated in the social programs suggested by the case plan and visited the [10]*10children regularly. Despite encouragement from SRS, the father did not enroll in an alcohol treatment program, the mother dropped out of the family support program, and neither parent visited the boys on a regular basis.

In June of 1988, the parents moved to Arizona without seeing the children first or informing SRS of the move. A few weeks later, the parents asked SRS to send the boys to Arizona or, in the alternative, to allow them to work on the case plan through Arizona agencies. SRS insisted on working toward reunification with the parents in Vermont.

In August of 1988, the parents returned to Vermont for the eighteen-month dispositional review hearing, wherein it was decided that SRS would retain custody of the children while the parents continued regular visitation and participated in certain social services programs. Between August of 1988 and January of 1989, when the parents again left the state without informing SRS or seeing the boys, the parents’ visits with the children were sporadic. In mid March of 1989, the mother informed SRS that she and her husband were in Florida. In the next nine months, the parents moved from Florida to Arizona, and then to Utica, New York. During that time, the mother contacted SRS two or three times to inquire about the children.

In August of 1989, citing the parents’ failure to participate regularly in the required programs or to contact the children on a regular basis, SRS petitioned for termination of residual parental rights. Hearings were held on three days between January and May of 1990. Noting that, as a direct result of the parents’ actions or inaction, the relationship between the boys and their parents had deteriorated between the time SRS assumed custody of the children and the time of the termination hearing, the juvenile court concluded that the best interests of the children required the termination of residual parental rights. On appeal, appellants argue (1) that SRS violated the parents’ constitutional right to travel by not allowing them to work with out-of-state agencies on their case plan; (2) that the court’s decision was improperly based on its findings regarding the positive environment of the preadoptive foster home; and (8) that the court improperly terminated residual parental rights without first making a determination that both parents are unfit and incapable of caring for their children.

[11]*11II.

Appellants first argue that SRS’s refusal to work with the parents on an out-of-state basis, or to refer their case plan to social service agencies in the states where the parents were located, led to the conditions that resulted in the termination of parental rights and violated the parents’ constitutional right to travel freely from state to state. We disagree.

In the stipulation transferring custody of the boys to SRS, the parents made a commitment to obtain and maintain stable housing and employment, to visit the children regularly, and to attend various counseling programs. The parents failed to meet any of these commitments, and, on at least two occasions, they left for another state without contacting SRS and without seeing their children. Under these circumstances, SRS was justified in refusing to work toward reunification while the parents were far away from the children and without the funds to visit them on a regular basis. See Rowsey v. Rowsey, 329 S.E.2d 57, 61 (W. Va. 1985) (paramount concern for child welfare may supersede the right to travel).

SRS defended its refusal to work toward reunification while the parents were out of state by pointing out that family stability and frequent contact with the children is the key toward reunification. Appellants argue that the need for “bonding” between parents and children is not a compelling enough reason for SRS to insist that the parents work toward reunification in the state where the children live. In support of this argument, appellants cite In re J. & J.W., 134 Vt. 480, 365 A.2d 521 (1976), wherein this Court reiterated that “loss of the psychological parent relationship between natural parent and child by itself does not establish” a sufficient change of circumstances to warrant termination of parental rights. Id. at 484, 365 A.2d at 524.

In re J. & J.W. does not stand for the proposition that “bonding” between parent and child is not important, or that SRS may not insist on regular contact between parents and child in order to work toward reunification. Rather, it admonishes against the termination of parental rights solely on the basis that the child’s primary psychological relationship is not with the natural parent at the time of the hearing. Pointing out that the mother regularly visited the children, prepared addi[12]*12tional accommodations in anticipation of longer visitations, established a stable marital situation, continued a regular medical treatment program, and found stable employment, the Court concluded that overall the mother had improved her circumstances and the State had not proved a “deterioration or a stagnation coupled with prospective inability for improvement.” Id. at 484-85, 365 A.2d at-524. The Court emphasized that “the best interest of the child is the paramount concern.” Id. at 485, 365 A.2d at 524. Given the circumstances of the instant case, we cannot say that SRS did not act in the best interest of the children when it refused to work toward reunification while the parents were out of state.

Citing In re L.A., 154 Vt. 147, 574 A.2d 782

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Bluebook (online)
603 A.2d 373, 158 Vt. 8, 1992 Vt. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-eb-vt-1992.