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Legal Opinion

In re J.H.

Supreme Court of Vermont

Decided February 1, 1991No. 89-394PublishedCited by 14 opinions

1Opinion of the CourtPeck, J.

After an eighteen-month review hearing required by 33 V.S.A. § 5531 (formerly 33 V.S.A. § 658), the district court ordered that custody of J.H. be transferred from the Department of Social and Rehabilitation Services (SRS) to her mother. This appeal by SRS turns on the following issue: who bears the burden of proof at an eighteen-month review hearing? Because we find that the court allocated the burden of proof improperly, we remand for a new hearing.

J.H.’s parents have never been married, and they stopped living together approximately seven months after J.H.’s birth in June of 1980. J.H.…

2Cases cited4 opinions

  1. In re M.C.P.Supreme Court of Vermont · 1989
  2. In re M. B.Supreme Court of Vermont · 1986
  3. In re R.F.Supreme Court of Vermont · 1977
  4. In re A. C.Supreme Court of Vermont · 1976

3Cited by14 opinions

  1. In re M.M.Supreme Court of Vermont · 1993
  2. In re D.C., JuvenileSupreme Court of Vermont · 2012
  3. In re A.G.Supreme Court of Vermont · 2004
  4. In re E.B.Supreme Court of Vermont · 1992
  5. In re C.H.Supreme Court of Vermont · 2000

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