101 A.3d 168
Vt.2014Background
- B.A. born June 1999; CHINS adjudication appealed.
- In fall 2012, B.A. referred to specialized program for sporadic attendance and safety concerns; home hygiene and self-injury scars noted.
- Dec 2012, police investigated brother’s sexual assault; mother uncooperative; home found cluttered/dangerous.
- Jan 2013, B.A. arrived at school intoxicated with fresh cuts; mother unable to assist due to other commitments.
- Jan 2013, DCF sought emergency care; court granted custody to DCF; two petitions filed: delinquency (alcohol) and CHINS.
- Mar–Apr 2013, merits hearing held; B.A. admitted delinquency; CHINS adjudication entered; disposition plan for continued DCF custody proposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to combine CHINS merits with delinquency disposition | Mother: no statutory authority, require separate hearings | State/Family court: joint hearing permitted for efficiency | Error not reversible; issue unpreserved; no prejudice shown |
| Admission of hearsay in CHINS determination | Mother: hearsay evidence improperly admitted | Findings independent of challenged evidence support CHINS | No reversible error; CHINS supported by independent findings |
| Disposition hearing and admissibility of records in best-interests analysis | Mother: hearsay reports and school records could aid disposition | Best-judgment standard governs; records not shown to change outcome | Discretionary ruling supported; no reversible error |
Key Cases Cited
- In re D.D., 2013 VT 79 (2013 VT) (bifurcated abuse-and-neglect proceedings; guidance on procedure)
- In re J.D., 165 Vt. 440 (1996 VT) (best-judgment standard for disposition decisions in delinquency)
- In re A.W., 2014 VT 32 (2014 VT) (unpreserved issues reviewed only in exceptional cases)