In re S.M.

The Commissioner of Social and Rehabilitation Services (SRS) and juveniles S.M. and M.M. appeal from an order of the Rutland Family Court denying SRS’s petition to terminate the residual parental rights (TPR) of the juveniles’ parents. Appellants raise three claims on appeal: (1) in every dispositional review the court must consider the factors enumerated in 38 V.S.A. § 5540, even where the court does not find a substantial change of material circumstances; (2) the court erroneously concluded that no substantial change of circumstances existed as to father; and (3) the court erred by not…