Brian Miller and Charity Miller, the Dexter parents who chained their 5-year-old son to his crib, will keep their parental rights.

Judge Fred Wellmann ruled Thursday afternoon that “all of the statutory requirements to terminate (the Millers) parental rights … have not been proven beyond a reasonable doubt.”

The boys, ages 5 and 8, are still in protective custody, and it is unlikely they will return to their parents immediately, according to the Mower County Attorney’s Office.

The decision comes more than a month after a four-day trial in Mower County District Court to determine whether the couple could retain their parental rights.

The Millers are accused of chaining one of their sons to his crib from bedtime until morning every night. They reportedly made their two sons stay in their bedrooms most of the time and weren’t providing sufficient food or bathroom access for the boys. The 5-year-old weighed less than 30 pounds when he and his brother were placed with a foster family in April.

The ruling states both Brian and Charity have “substantially, continuously, and repeatedly refused or neglected to comply with the duties imposed under (them) by the parent-child relationship …” and are “palpably unfit” to be parents. The ruling also states the Millers’ sons have experienced “egregious harm,” and returning to their parents would result in further physical or emotional harm.

However, because the children are members of the Cherokee Tribe, the Federal Indian Child Welfare Act (ICWA) applies to the case. Under ICWA, the petitioner, Mower County Human Services, must prove beyond a reasonable doubt it made an active effort to reunify the family.

“They have failed to meet this burden of proof,” the ruling states. “Thus, the Millers’ parental rights cannot be terminated, although this Court has found that they failed to meet their parental duties to (their sons), are palpably unfit to parent the children, and have caused the children egregious emotional harm …”

The Mower County Attorney’s Office issued a statement shortly after the ruling stating it will continue to act in the best interests of the boys.

“Although we vigorously argued to terminate the parental rights of the Millers, we understand the Court’s ruling in light of the Court’s interpretation of the mandates imposed by the Federal Indian Child Welfare Act,” the statement said. “This office would like to make it clear that the denial of our motion to terminate the parental rights does not mean that the children will be returned to the custody of the Millers at this time.”

Attorney Dan Donnelly, who represented Charity in the case, said the ruling doesn’t surprise him.

“In a case like this, when you have the higher standard because of the ICWA, there’s a high burden on the state to prove that they have actively sought reunification efforts,” Donnelly said. “This is a terrible situation, but the law requires the county make efforts to reunite the children with their parents, and that simply did not occur here.

“This doesn’t mean the children are automatically returned to the Millers.”

The couple were scheduled for sentencing on the criminal side of the case at 9 a.m. Friday. Judge Donald Rysavy will decide their fate on one count each of gross misdemeanor false imprisonment and one count each of malicious punishment. Each Brian and Charity could receive up to two years in jail for the charges.

Five other charges — including malicious punishment, false imprisonment, endangerment and two counts of neglect — were dismissed as part of a plea agreement.

Brian and Charity were arrested by Mower County Sheriff’s Detective Steve Sandvik on April 21. When Sandvik testified at the Millers’ termination of parental rights trial in June, he spoke of the stench coming from the 5-year-old’s bedroom on the day of the arrests.

“My eyes started watering; my nose started running,” Sandvik said when he testified. “It was close to the scent you get when you get too close to anhydrous ammonia. It was overpowering.”

Sandvik also showed the court the actual chain the Millers used to anchor their 5-year-old son to his crib. The steel chain is about 18 inches long with 17 total links.

The detective’s testimony contradicted what Charity said about the chain when she was on the stand. She had told the court the boy had enough slack to sit on the edge of his bed. Brian also testified that the boy could roll over in his bed with the chain attached.

“His leg was basically right tight on the bars (of the crib) and the chain,” Sandvik said. “He would have to do the splits to get his other foot off the bed.”

During the trial, Sandvik played recordings of his interviews with the Millers’ sons. In the interviews, the boys talked about being hungry often.

Gayle Loverink of Mower County Human Services testified that she took the boys to lunch after Brian and Charity were arrested. Loverink said the boys took all the jam and creamer from the table because they “might need them later.”

However, Charity told a different story in court, saying she and Brian always fed the boys when they were hungry.

“If they asked for food, they got it,” she said on the witness stand in June. “We’ve brought up (their small size) with their pediatricians and there’s never been any concern.”

When Charity was called to the stand a second time, she admitted she didn’t give her sons enough food because of fears the boys would become obese. She said her own insecurities with weight caused her actions.

Charity also said she only chained the 5-year-old, “so I would know where my son was at and that he was safe.”

Brian said the chaining was not meant as discipline, but to keep his son from getting into things that could harm him, like knives.

“It was not my objective to punish him with it,” he said on the witness stand in June. “We can’t be using a chain — that’s wrong.”

Click here for a gallery of evidence photos.

Click here for the story on their sentencing.

Click here for a story on what the ruling means for the boys.