Opinion
No. 76-72
Opinion Filed December 14, 1972
Infants — Neglected Children — Appointment of Guardian
Where no guardian was appointed to protect insane parent's interest in proceeding to permanently deprive parents of custodial rights to their child, the resulting judgment would not stand. 33 V.S.A. § 656.
Proceeding to permanently deprive parents of custodial rights to child. District Court, Unit No. 5, Washington Circuit, Connarn, J., presiding. Judgment vacated.
James M. Jeffords, Attorney General, Benson D. Scotch, Assistant Attorney General, Richard L. Brock, Esq., Montpelier, for the child, Plaintiff.
Michael Kupersmith, Esq., Vermont Legal Aid, Inc., Burlington, for the parents, Defendants.
Present: Shangraw, C.J., Barney, Smith, Keyser and Daley, JJ.
This is a proceeding to permanently deprive parents of their custodial rights to their infant child under the provisions of 33 V.S.A. § 656. As a consequence of an altercation occurring at one of the hearings, the father was committed to Waterbury State Hospital and determined to be insane at the time of the hearing. Since no guardian was appointed to protect this parent's interest in a proceeding involving so vital a right, the resulting judgment cannot stand and a new hearing must be had. See Billings v. Billings, 123 Vt. 324, 326, 187 A.2d 333 (1963).
Judgment vacated and cause remanded.