Vermont Bar Journal, Vol. 40, No. 2 Winter 2016, Volume 41, No. 4 | Page 36

The Children’s Corner incentive for pregnant women to seek out treatment for their addiction. But such is not the case here. Although access to services may provide barriers in some instances, mother had gotten treatment through approved sources and lost that opportunity due to her own conduct.28 Mother’s choice to use drugs accessed on the street, without proper medical monitoring, is fraught with danger in a host of ways, including abuse of Suboxone itself.29 Justice Robinson’s eloquent dissent in M.M. sets forth in full why such an analysis may be fraught with peril, as the majority’s analysis at least in part focuses on the risk of harm mother exposed the fetus to while in utero, as well as directly after birth as the infant experiences withdrawal. In Justice Robinson’s view, that focus should not be the sole basis for a determination that a MAT compliant mother at the time of the child’s birth was unable to provide proper parental care for the infant, noting that the opiate crises in Vermont has had the effect of: exacerbating the already Herculean challenge of determining which circumstances warrant state intervention in families for the protection of children, and which do not. By rejecting presumptions about the effects of opioid addiction on parents and calling for findings concerning the effects of a parent’s addiction in each case, I don’t seek to make the jobs of hardworking child protection workers and of the equally hard-working trial courts even more challenging. But these are exactly the kinds of circumstances that require courts to be exceptionally diligent to ensure that, in every case, we ground our rulings in evidence and law, and not supposition and personal judgment.30 The bottom line, however, is that the merits determina [ۈو