In re J.M.

127 A.3d 921, 199 Vt. 627, 2015 Vt. 94
CourtSupreme Court of Vermont
DecidedJuly 17, 2015
DocketNo. 15-022
StatusPublished
Cited by9 cases

This text of 127 A.3d 921 (In re J.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 J.M., 127 A.3d 921, 199 Vt. 627, 2015 Vt. 94 (Vt. 2015).

Opinions

¶ 1.

Dooley, J.

The State of Vermont, Department for Children and Families appeals from a family court judgment denying the State’s petition to terminate father’s parental rights to the minor J.M. The State contends: (1) the court’s findings do not support its conclusion that termination of father’s parental rights was not in the child’s best interests; (2) the absence of an adoptive home cannot justify denial of the petition; and (3) the court’s decision does not provide permanency for the minor. We affirm.

¶2. The facts may be summarized as follows. J.M. and his brother W.M. first came into DCF custody in July 2009 based on reports of their parents’ substance abuse, domestic violence, inappropriate physical discipline, and inadequate housing. W.M. was four years old and J.M. was three years old at the time. The children were returned home in April 2010 under a conditional care order. Continued reports of alcohol abuse and domestic violence in the home led to the filing of a CHINS petition in January 2012. The parents stipulated to a CHINS adjudication, and the children were placed with mother under a conditional care order, with visitation by father. Further reports of physical abuse [630]*630of the children resulted in a transfer of custody to DCF in February 2013. In January 2014, the State filed petitions to terminate the parental rights of both parents to W.M. and J.M.

¶ 3. A hearing on the TPR petition was held in December 2014. W.M. was ten years old and J.M. was nine at the time of the hearing. Mother appeared with counsel and agreed to relinquish her parental rights conditional on. the court granting the petition as to father. The hearing then proceeded as to father. A DCF social worker described the children’s current placements based on their “very different needs.” W.M. had fewer emotional problems than his younger brother, and had been living for two years with a foster family where he was well adjusted and thriving. J.M. had a “higher level of clinical needs,” had been diagnosed with post-traumatic stress disorder, oppositional defiant disorder, and attention deficit hyperactivity disorder, and had been living in residential treatment centers for the past two years. Although he had made some progress, J.M. continued to engage in emotional outbursts and assaultive behaviors toward staff. Any future community-based placement of J.M. would require highly skilled foster parents with the ability to provide the level of structure and support necessary to manage his behaviors.

¶ 4. The DCF social worker noted that father had been consistent in his weekly, unsupervised visits with J.M. at the residential center, and periodically included his parents — J.M.’s paternal grandparents — in the visits. The social worker stated that the “connection [with father] is important for J.M.,” who told the social worker that he was “scared he’s never going to see his dad again.” The social worker indicated that she did not support terminating contact. The social worker also observed that J.M. loves his grandparents, enjoyed seeing them, and “had a connection with them for a long time.” J.M.’s clinician at his residential center also observed that J.M. “really enjoys” his visits with father, although she noted that father’s demeanor was more friendly than affectionate and “almost like an older brother.” The clinician also acknowledged that J.M.’s behavior often deteriorated after visits with father, although she was not certain as to the cause.

¶ 5. At the conclusion of the hearing, the court entered findings on the record. The court found a substantial change of circumstances based on father’s failure to make any significant progress in addressing his substance abuse and domestic-violence issues, [631]*631and proceeded to address the children’s best interests. As to W.M., the court found that he enjoyed a very close relationship with his foster parents, who were meeting all of his needs, and that he had “adjusted beautifully into his foster home and community.” His visits with father were less frequent than J.M.’s and had been decreasing, and the court concluded that father did not “play[] a tremendously constructive role in W.M.’s life.” Finally, in view of father’s failure to make any significant progress over the course of several years despite the efforts of DCF, the court concluded that there was no likelihood that father could resume parental responsibilities within a reasonable period of time. Accordingly, the court granted the State’s petition as to W.M.

¶ 6. The court reached a different conclusion concerning J.M. Although the court found that father could not resume parental responsibilities for J.M. within a reasonable time “for the same reasons . . . expressed in W.M.’s case,” and acknowledged that this factor has been characterized as the most important among the statutory best-interests criteria, it was not — the court observed — the “be all and end all.” Considering the role that father played in J.M.’s life, the court found that, while he did “not express much affection explicitly” during his visits with J.M., he had “remain[ed] a consistent part of his life” and “may in fact provide some emotional support.” This was substantially more important for J.M. than W.M. “given the turmoil that J.M. . . . continue^] to experience” and the absence of any other significant personal relationships or supportive community. Thus, while the court acknowledged that it was a close call, it concluded that, on balance, terminating father’s parental rights was not currently in J.M.’s best interests.

¶ 7. In response to the court’s stated findings and conclusions, counsel for the State asserted that denying the petition was inconsistent with the finding that father could not resume parental responsibilities within a reasonable period of time, as well as with the principle that termination decisions were not to be based on the availability of an adoptive placement. The court responded that the basis of its decision was “not simply that there is no foster home lined up right now for J.M.,” but rather that “there should continue to be a relationship between J.M. and his father,” a finding — the court observed — that was supported by the child’s DCF social worker. This appeal by the State followed.

[632]*632¶ 8. Our review is generally limited. We will not overturn the trial court’s findings unless they are clearly erroneous, nor its conclusions if reasonably supported by the findings. In re G.S., 153 Vt. 651, 652, 572 A.2d 1350, 1351 (1990) (mem.). As we have frequently observed, “[o]ur role is not to second-guess the family court or to reweigh the evidence, but rather to determine whether the court abused its discretion in terminating . . . parental rights.” In re S.B., 174 Vt. 427, 429, 800 A.2d 476, 479 (2002) (mem.).

¶ 9. Assessed in light of these standards, we find no basis to disturb the trial court’s decision. Although the State claims that, contrary to the court’s findings, “many aspects of [father’s] visits were not meaningful” and failed to provide emotional support, the evidence summarized above was sufficient to support the finding that continued contact with father was important to the child and provided some emotional support and sense of stability where it was otherwise sorely lacking.

¶ 10. The State also asserts that the court’s decision was contrary to our often-stated proviso that “an alternative placement is not a prerequisite to termination of parental rights.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re K.C., Juvenile
Supreme Court of Vermont, 2024
In Re Z.S., Juvenile
Supreme Court of Vermont, 2023
In Re Z.P., Juvenile
2023 VT 17 (Supreme Court of Vermont, 2023)
In re J.Y., Juvenile
Supreme Court of Vermont, 2016
In re D.I., Juvenile
Supreme Court of Vermont, 2016
In re C.D., Juvenile
Supreme Court of Vermont, 2016
In re W.B., Juvenile
Supreme Court of Vermont, 2016
In re J.C., Jr. & O.T., Juveniles
Supreme Court of Vermont, 2016
In re J.M., Juvenile
2015 VT 94 (Supreme Court of Vermont, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
127 A.3d 921, 199 Vt. 627, 2015 Vt. 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jm-vt-2015.