NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. 2019 VT 45 No. 2019-121 Joaninha Kitoko Supreme Court On Appeal from v. Superior Court, Addison Unit, Family Division Manzambi Salomao June Term, 2019 David R. Fenster, J. Michelle Donnelly and Erin Jacobsen, South Royalton Legal Clinic, South Royalton, for Plaintiff-Appellant and Minor Children. PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ. ¶ 1. REIBER, C.J. This case concerns the trial court’s authority to make special findings necessary for individuals to apply for “special immigrant juvenile” (SIJ) status under federal law. The trial court concluded that it lacked authority to make SIJ findings because they were not necessary to its parental-rights-and-responsibilities (PRR) decision. We conclude that given the primacy of a child’s best interests in cases like this and the court’s broad discretion in determining those interests, the court does have the authority to make such findings. It should make such findings when it is in a child’s best interests to do so and where such findings are supported by the evidence. We therefore reverse and remand the trial court’s decision to allow it to engage in this analysis. Because one of the juveniles will turn eighteen on July 13, 2019, we issue the mandate immediately and direct the court to issue its findings forthwith. ¶ 2. At the foundation of our analysis is Vermont’s commitment to promoting children’s best interests. Vermont “regards the protection of children as one of [our] most important responsibilities.” Eddy v. Eddy, 2003 VT 67, ¶ 11, 175 Vt. 608, 833 A.2d 1243 (mem.); see also Varnum v. Varnum, 155 Vt. 376, 384, 586 A.2d 1107, 1111 (1990) (citing Fisher v. Fisher, 324 N.W.2d 582, 584 (Mich. Ct. App. 1982) (finding it “difficult” to conceive of a more compelling state interest)) (stating that “[t]here is no question that the societal interest in protecting and nurturing children is great”). We interpret our laws to serve a child’s best interests and “our paramount concern” is “the effect of our laws on the reality of children’s lives.” In re B.L.V.B., 160 Vt. 368, 373-77, 628 A.2d 1271, 74-1276 (1993) (construing term “stepparent” to include unmarried same-sex partner of recognized parent for purposes of stepparent adoption because Legislature’s overarching intent in passing adoption statute was to promote best interests of children). ¶ 3. We begin with an overview of the SIJ law, emphasizing at the outset the purpose of this federal provision and its consonance with priorities in our own state law. As the Maryland Court of Appeals aptly observed: Children are a vulnerable cohort, uniquely susceptible to various forms of mistreatment. Their protection is of the utmost importance to all involved in ...
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