In re M.P.Annotate this Case
When M.P. was born, mother was married to husband. At the time of M.P.’s birth, the family lived in Alabama. In the spring of 2016, the family moved to Vermont. Mother was subsequently arrested on an Alabama warrant and extradited to Alabama. M.P. and her brothers remained in Vermont in husband’s care. In August 2016, husband requested assistance in caring for the children, and M.P. and her brothers were placed in DCF custody. The State filed a petition alleging M.P. and her brothers were CHINS. Mother and father appealed the eventual termination of their parental rights to M.P. On appeal, father argued: (1) Vermont lacked subject matter jurisdiction to adjudicate M.P. as a child in need of care or supervision (CHINS) and to terminate his parental rights under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); (2) the family court erred in finding that his progress had stagnated and that termination was in M.P.’s best interests; and (3) the evidence did not support the court’s finding that the Department for Children and Families (DCF) made reasonable efforts to finalize the permanency plan. Mother joins father’s arguments and argues that the CHINS order is invalid because mother did not join the stipulation on which the order was based. The Vermont Supreme Court rejected the parents’ jurisdictional challenges to the CHINS merits order and reversed termination of father’s parental rights. The Court concluded husband had authority as the children’s custodian and presumed legal parent to enter the stipulation upon which the CHINS decision was based. Further, the family court had temporary emergency jurisdiction over the CHINS petition under the UCCJEA and that jurisdiction became permanent when no case concerning M.P. was filed or commenced in another state. The Court affirmed termination of mother’s parental rights, but that the family court erred in finding that father’s progress had stagnated. Nonetheless, the Supreme Court held there was a change of circumstances warranting modification of the case plan in this case given the identification of father, who had previously been involved as M.P.’s caretaker, as M.P.’s legal parent.