IN RE J.A.S. (JUVENILE), 135 Vt. 243 (1977)

IN RE J.A.S. (JUVENILE), 135 Vt. 243 (1977)
373 A.2d 558

In re J.A.S. (Juvenile)

No. 186-75Supreme Court of Vermont.
Opinion Filed April 5, 1977

Infants — Neglected Children — Termination of Parental Rights

If parental rights over a neglected child are to be terminated, the parental condition either must have deteriorated or must be stagnant with a prospective inability for improvement and where the parental condition has improved, severance of rights was in error. 33 V.S.A. § 659(a).

Juvenile proceeding transferring parental rights. District Court, Unit No. 4, Orleans Circuit, Springer, Jr., J., presiding. Reversed.

Rexford, Kilmartin Chimileski, Newport, for the juvenile,John A. Howard, Orleans County State’s Attorney, Newport, for State of Vermont.

James L. Morse, Defender General, and Robert M. Paolini, Deputy Defender General, Montpelier, for the mother.

Present: Barney, C.J., Daley, Larrow, Billings, and Hill, JJ.

Per Curiam.

This case comes to us as an appeal from a juvenile court order transferring residual parental rights of the infant J.A.S. to the Commissioner of Social and Rehabilitation Services. Custody of the child had been placed in the Commissioner of Social Welfare by a juvenile court order dated May 14, 1971. In the action culminating in this appeal, the Department of Social Welfare moved in July, 1973, to modify the juvenile court order by transferring residual parental rights to the Commissioner.Page 244

Such modification must occur pursuant to 33 V.S.A. § 659(a), which reads in part: “An order of the court may . . . be . . . modified . . . on the ground that changed circumstances so require in the best interests of the child.” If parental rights are to be terminated, the parental condition either must have deteriorated or must be stagnant with a prospective inability for improvement. In re J. J.W., 134 Vt. 480, 365 A.2d 521
(1976); In re Petition of Certain Neglected Children, 134 Vt. 74, 349 A.2d 228 (1975). In the case at hand, the findings show that the parental condition has improved. Therefore, severance of parental rights was in error. We call attention to the fact that this proceeding took place before the effective date of 33 V.S.A. § 667, which now is applicable to such actions.

The order terminating parental rights is reversed; custodyremains in the Commissioner of Social Welfare pursuant to thejuvenile court order dated May 14, 1971.