In re K.H

4 Citing cases

  1. In re B.S

    166 Vt. 345 (Vt. 1997)   Cited 58 times
    Stating that "the ADA does not directly apply to TPR proceedings," and even if it did, "there is no specific discrimination against disabled persons in the TPR process," and thus, "ADA noncompliance is not a defense"

    Pursuant to the policy expressed in R.B. and M.C.P., we have also held that a parent may not raise violations of requirements of the federal Adoption Assistance Act on parental reunification as defenses to a TPR proceeding. See In re K.H., 154 Vt. 540, 542, 580 A.2d 48, 49 (1990), cert. denied sub nom. D.H. v. Vermont Dep't of Social Rehabilitation Servs., 498 U.S. 1070 (1991); see also In re J.S., 153 Vt. 365, 370, 571 A.2d 658, 661 (1989) (because of limited jurisdiction of juvenile court, juvenile may not challenge SRS placement decision on ground that process of arriving at it violated provisions of the Adoption Assistance Act). As in M.C.P., the juvenile court in this case was required to focus on the needs of the child.

  2. In re J.T

    166 Vt. 173 (Vt. 1997)   Cited 53 times
    Rejecting mother's argument that termination of parental rights at initial disposition without approved case plan was reversible error

    Whether SRS made reasonable efforts to assist the parents is not one of them, however; therefore, specific findings are not required. Cf. In re K.H., 154 Vt. 540, 541-43, 580 A.2d 48, 49 (1990), cert. denied by D.H. v. Vermont Dep't of Social Rehabilitation Servs., 498 U.S. 1070 (1991) (court not required to make findings concerning SRS's reasonable efforts to return child to home under Adoption Assistance and Child Welfare Act). Any assistance SRS provides to troubled parents is, however, a factor in determining whether SRS met its burden of showing that a parent is unlikely to be able to resume parental duties within a reasonable period of time. 33 V.S.A. § 5540(3); see In re H.S., 161 Vt. 83, 87, 632 A.2d 1106, 1108 (1993) (SRS's intensive work with mother showed reasonable efforts to assist her attempt to resume parental duties).

  3. In re B.F

    157 Vt. 67 (Vt. 1991)   Cited 5 times

    The juvenile court is a court of "special and very limited statutory powers." In re M.C.P., 153 Vt. 275, 302, 571 A.2d 627, 642 (1989); In re K.H., 154 Vt. 540, 542, 580 A.2d 48, 49 (1990). In establishing juvenile procedures, the Legislature sought to achieve a balance between the authority of the juvenile court and the authority of the legal custodian.

  4. In re F.E.F

    156 Vt. 503 (Vt. 1991)   Cited 15 times
    In F.E.F. and Cameron the requests were quite specific, asking the State to provide SRS investigation files "as to this matter" (F.E.F) and for SRS records and reports "concerning the alleged sexual abuse" of the victim (Cameron).

    In any event, they do not directly create privileges in Vermont court proceedings. Cf. In re K.H., 154 Vt. 540, 541-43, 580 A.2d 48, 48-49 (1990) (family reunification requirement of 42 U.S.C. § 671(a)(15) does not require trial court, in ruling on petition for termination of parental rights, to make a finding on State's alleged noncompliance with the federal statute). Written records maintained in the registry [of child abuse and neglect investigations] shall only be disclosed to the commissioner or person designated by the commissioner to receive such records, persons assigned by the commissioner to investigate reports, the person reported on, or a state's attorney.