Issues Arising at the
Temporary Care Hearing
Let’s assume for the sake of discussion that the ECO issues, and the temporary care hearing is set within seventy-two
hours. At the time of this writing, the standard for issuing a TCO is that return of custody would be contrary to the best interests of the child, because a return of custody could result in substantial danger to the
physical health, mental health, welfare, or
safety of the child.25 Given the presence of
NAS in the child, under what circumstances should the court continue custody with
the state versus returning the child to the
parent’s care under a CCO? I would submit
that the following criteria, at least, should
be considered:
1. Is mother compliant with her MAT
program? What confirmation does
the court have about compliance?
2. What is the baby’s physical condition?
What interventions, medical or otherwise, has the baby required since
birth?
3. What has mother done to support her
infant since birth? Has she remained
engaged? At least in Rutland, mothers can “room in” with their NAS babies. What has mother done in the instant case?
4. If not compliant with MAT, what steps
has mother taken to commit to and
engage in treatment? Has she continued drug-seeking behavior? What is
her level of communication and cooperation with DCF personnel, and
medical care providers? Has there
been a safety plan meeting? If so,
what is the plan and has there been
interim compliance?
5. What information do the pediatric
nurses have? In my experience, the
medical professionals attending to
www.vtbar.org
The Children’s Corner
and understood consequences of drug
use, will most often time provide a sound
basis for the court issuing an ECO placing
the child in state custody. Judges are educated and aware of the common risk factors of opiate-involved parents: forgetfulness or outright neglect of parenting duties
and responsibilities while high, neglecting
children and even leaving them alone while
seeking, obtaining and using opiates, a
physical inability to remain awake to care
for a chi