In re M.C., Juvenile

M.C. was taken into the custody of the Department for Children and Families (DCF) in 2014 when he was six years old. He was adjudicated as a child in need of care or supervision. In January 2018, M.C.’s parents voluntarily relinquished their parental rights in him. DCF had custody of M.C. In this appeal, the issue presented to the Vermont Supreme Court related to 33 V.S.A. section 5926, which provided neglected or unmanageable children subject to the Interstate Compact on the Placement of Children the right to a hearing before being placed out-of-state. The trial court concluded that only juveniles whose parents’ rights had not yet been terminated were entitled to a hearing under section 5926. Because M.C. did not fall within this group, the court denied his request for a hearing. M.C. appealed, arguing that this interpretation violated his state and federal constitutional rights, the remedy for which was to afford all children the right to a hearing under section 5926. The State agreed M.C. was entitled to a hearing; therefore, the Supreme Court did not reach M.C.’s constitutional argument because it agreed with the State that the plain language of 5926 afforded all neglected and unmanageable children the right to a hearing before being placed out of state. The Court therefore reversed the trial court’s decision and remanded for a hearing. The Court also granted the State’s unopposed request to preserve the status quo during the remand proceedings. Unless otherwise ordered, M.C. remained in his then-current out-of- state placement pending the trial court’s decision on remand. View "In re M.C., Juvenile" on Justia Law