Statute: tit.15A § 3-504(a)-(b),(d)

Circumstances That Are Grounds for Termination

Felony Conviction/Incarceration

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

Child's Best Interest

Circumstances That Are Not Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Child Judged in Need of Services/Dependent

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Full Text of Statute

Vt. Stat. Ann. tit. 15A, § 3-504(a)-(b), (d) (Supp. 1998)

If the court finds, upon clear and convincing evidence, that any one of the following grounds exists and that termination is in the best interest of the minor, the court shall order the termination of any parental relationship of the respondent to the minor:

In the case of a minor under the age of 6 months at the time the petition is filed, the respondent did not exercise parental responsibility once he
or she knew or should have known of the minor's
birth or expected birth. In making a
determination under this subdivision, the court
shall consider all relevant factors, which may
include the respondent's failure to:

Pay reasonable prenatal, natal, and postnatal
expenses in accordance with his or her financial
means;

Make reasonable and consistent payments, in
accordance with his or her financial means, for
the support of the minor;

Regularly communicate or visit with the minor; or

Manifest an ability and willingness to assume
legal and physical custody of the minor.

In the case of a minor over the age of 6 months
at the time the petition is filed, the respondent
did not exercise parental responsibility for a
period of at least 6 months immediately preceding
the filing of the petition. In making a
determination under this subdivision, the court
shall consider all relevant factors, which may
include the respondent's failure to:

Make reasonable and consistent payments, in
accordance with his or her financial means, for the support of the minor, although legally obligated to do so;

Regularly communicate or visit with the minor; or

During any time the minor was not in the physical
custody of the other parent, to manifest an
ability and willingness to assume legal and
physical custody of the minor.

The respondent has been convicted of a crime of
violence or has been found by a court of
competent jurisdiction to have committed an act
of violence which violated a restraining or
protective order, and the facts of the crime or
violation indicate that the respondent is unfit
to maintain a relationship of parent and child
with the minor.

If the respondent has proved by a preponderance
of the evidence that he or she had good cause for
not complying with support and care provisions above or that, for compelling reasons, termination due to conviction of a crime is not justified, the court may not terminate the respondent's parental rights to a minor except upon a finding by clear and convincing evidence that any one of the following grounds exists and that termination is in the best interest of the minor:

Once the respondent no longer had good cause for not complying with the requirements of providing support as stated above, he or she failed to assume parental responsibilities as promptly and fully as circumstances permitted;

The respondent, after being afforded a reasonable
opportunity to do so, would not have the ability
and disposition to provide the child with love,
affection and guidance; meet the child's present
and future physical and emotional needs; or
provide the child with adequate food, clothing,
medical care, other material needs, education,
and a safe environment;

At the time of the hearing the respondent has a
relationship with another person who would
significantly and adversely affect the child;

Placing the minor in the respondent's legal or
physical custody would pose a risk of substantial
harm to the physical or psychological well-being
of the minor because the circumstances of the
minor's conception, or the respondent's behavior
during the pregnancy or since the minor's birth
indicates that he or she is unfit to maintain a
relationship of parent and child with the minor.

If the respondent does not answer or appear or, in the case of an alleged father, file a claim of paternity as provided in this chapter, or cannot be notified because the person's identity or whereabouts is unknown, the court may order the termination of any parental relationship to the minor.