The Vermont Supreme Court ruled Friday that a mother’s kindergarten and preschool-aged children were not in need of a Children in Need of Care or Supervision (CHINS) classification due to repeated truancy because they were not within the age required by law to attend school.

In CHINS cases, the state—comprising a social worker, judge and possibly an appointed guardian—works with the family to determine what is best for a child, whether it is emergency care, temporary care, or a plan of action to ensure the child is taken care of, or in the case of truancy claims, attends school.

“Although the evidence suggests that the younger two children would benefit from attending kindergarten and preschool, the legislature has determined that children of this age are not required to attend school,” the court said. “[S]ervices for non-school-age children are voluntary, and a parent’s decision to refuse aid or discontinue services for a young child may not be used to presume neglect.”

The mother argued that the children had been sick and that staying home was what had been best for her children.

The court found that the oldest child, in fifth grade, did fit this classification, and upheld the lower courts’ determination for CHINS.