In re C. P.’s Empirical Analysis

Citation profile

43 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the statute, this issue of reasonable efforts is separate from whether termination of parental rights is in a child’s best interests. Termination of parental rights may be granted at the initial disposition stage if the court determines that it is in the best interests of the child, as set forth in the statutory factors. 33 V.S.A. § 5114. The extent of DCF’s efforts to achieve the permanency plan is not one of the best-interests factors to be considered at termination. See In re J.T., 166 Vt. [173], 180, 693 A.2d [283], 287 [(1997)] (explaining that extent of efforts to assist parents is not a best-interests factor). Thus, the court is not required to find DCF made reasonable efforts as a prerequisite to termination. In re J.M., 170 Vt. 587, 589 , 749 A.2d 17, 19 (2000) (mem.). In saying this, we recognize that the level of assistance provided to parents is relevant in determining whether “a parent is unlikely to be able to resume parental duties within a reasonable period” of time. Id.; In re J.T., 166 Vt. at 180, 693 A.2d at 287. But our main point is that whether DCF made reasonable efforts to achieve permanency is a separate question from whether termination is in the child’s best interests and the former is not a prerequisite to the latter.”

   1 later decision quote this exact passage
   e.g. In re D.C., Juvenile

2. “The focus of a CHINS proceeding is the welfare of the child, and therefore a court may adjudicate the child as CHINS even if the allegations are established as to one parent but not the other.”

   1 later decision quote this exact passage
   e.g. In re M.S.