Petition of Certain Neglected Children, 157-75
| Decision Date | 02 December 1975 |
| Docket Number | No. 157-75,157-75 |
| Citation | 134 Vt. 74,349 A.2d 228 |
| Parties | Petition of CERTAIN NEGLECTED CHILDREN. |
| Court | Vermont Supreme Court |
Michael J. Sheehan, Windsor County State's Atty., and William J. Donahue, Windsor County Deputy State's Atty., White River Junction, for State of Vermont.
Niles, Johnson & Gibbs, Woodstock, for the mother.
John J. Long, Jr., White River Junction, for the juveniles.
Before BARNEY, C. J., and SMITH, DALEY, LARROW and BILLINGS, JJ.
The mother of certain neglected children has appealed a May 1, 1975, order of disposition of the District Court of Vermont, Unit No. 6, Windsor Circuit, that transferred her residual parental rights and responsibilities with regard to her three daughters to the Vermont Department of Social and Rehabilitation Services with the right to place them for adoption. Three years earlier in April, 1972, by proceedings under 33 V.S.A. § 645, the custody and guardianship of her children had been transferred to the Commissioner of Social Welfare, but the residual parental rights had remained with the mother. In November of 1974, the mother initiated the present proceedings by petitioning the District Court to return the custody and guardianship of her children to her. In January, 1975, the Department of Social and Rehabilitation Services filed a petition to modify the 1972 disposition order which resulted in the order appealed from here.
The mother contends that the order removing her residual parental rights must be reversed because the evidence was not sufficient to justify the court's conclusion that there were relevant changes of circumstances to mandate the transfer of parental rights. She also questions the propriety of the court's reliance on a psychological thesis developed in a recent book which was used to influence its disposition. And lastly, she claims that the petition to modify filed by the Department failed to set forth the grounds for the modification requested, as required by 33 V.S.A. § 659(b).
33 V.S.A. § 659(a) allows for an order of the juvenile court to be amended or modified 'at any time upon petition therefor by a party . . . on the ground that changed circumstances so require in the best interests of the child.' The interpretative language of Gokey v. Gokey, 127 Vt. 334, 248 A.2d 738 (1968) relating to change of circumstances in a custody matter is equally applicable to a juvenile disposition proceeding:
Change of circumstances is not a ground for modification . . .. It is a prerequisite. Thus, the petitioner must first prove a 'substantial change in the material circumstances' and next prove that under the new conditions a change . . . is in the best interests of the child.
We believe that there was sufficient evidence to support the court's conclusion that relevant change of circumstances existed. The factual situation here is similar to that which was found to constitute a change of circumstances justifying a modification of a disposition order in In re Proceedings Concerning a Neglected Child, 130 Vt. 525, 296 A.2d 250 (1972). The lower court in this case relied primarily on the fact that three years had passed from the guardianship and custody order until the disposition hearing on removal of residual parental rights, during which time, in spite of all the services provided the mother, she had not been able to effect changes in her living habits and style. There was a specific finding that the mother was deficient...
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371 841, 148 86 v. v. 1977 86 148 86 371 841 New Jersey Division of Youth and Family Services v. Huggins
...inability for improvement,' has been cited as grounds for permanent termination of parental rights. In re Certain Neglected Children, 134 Vt. 74, 349 A.2d 228 (Sup.Ct.1975) In re J. & J.W., 365 A.2d 521 (Vt.Sup.Ct.1976). In Teeter v. Pruiksma, 47 A.D.2d 101, 364 N.Y.S.2d 656 (1975) a mother......
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In re AG, No. 2003-532
...A.W., 167 Vt. 601, 603, 708 A.2d 910, 913 (1998). The change must be both material and substantial. In re Petition of Certain Neglected Children, 134 Vt. 74, 76, 349 A.2d 228, 229 (1975). As the Court's opinion indicates, stagnation in the parent's work towards reunification is often the su......
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In re A.G., 2004 VT 125 (VT 12/23/2004)
...A.W., 167 Vt. 601, 603, 708 A.2d 910, 913 (1998). The change must be both material and substantial. In re Petition of Certain Neglected Children, 134 Vt. 74, 76, 349 A.2d 228, 229 (1975). As the Court's opinion indicates, stagnation in the parent's work towards reunification is often the su......
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R.M., In re
...of the testimony on the decision of the juvenile court. See In re J.L.M., 139 Vt. at 450, 430 A.2d at 450; In re Certain Neglected Children, 134 Vt. 74, 77, 349 A.2d 228, 230 (1975); In re M.P., 133 Vt. 144, 147, 333 A.2d 116, 118 (1975). In his "Requests to Find," the attorney for R.M. sug......