In re S. A. M
In In re S. A. M., 140 Vt. 194, 436 A.2d 736 (1981), a mentally ill mother took her daughter out of state, notwithstanding the grandmother's plea that the mother leave the girl "where she could be cared for." Id. at 196, 436 A.2d at 737.
When the child was returned to Vermont by an out-of-state protective services agency, the grandparents took her into their care, "but their situation was complicated by the fact that they both were employed." Id.
The child was eventually adjudicated child in need of care or supervision (CHINS).
In response to the mother's argument that the CHINS petition should have been denied because there was no evidence that the grandparents had failed to provide the necessary care for the child, this Court stated that the grandparents were merely caring for the girl until the CHINS proceeding was commenced, and that the mother was still the child's guardian under the law. See id. at 198, 436 A.2d at 738.