Shepherd v. Clemens’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The wishes of the child's parent or parents as to his or her custody and residential arrangements; (2) The wishes of the child as to his or her custodian(s) and residential arrangements; (3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child’s best interests; (4) The child's adjustment to his or her home, school, community; (5) The mental and physical compliance of all individuals involved; (6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title; and (7) Evidence of domestic violence as provided for in Chapter 7A of this title. (8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense”

   3 later decisions quote this exact passage
   e.g. Department of Services for Children, Youth, & Their Families v. Garcias · Stearns v. Division of Family Services

2. “), and the Court Appointed Special Advocate (”

   2 later decisions quote this exact passage
   e.g. Tatum v. Division of Family Services · Warner v. DEPARTMENT OF SERVICES FOR CHILDREN

3. “a. In the case of a child in the care of the Department or a licensed agency: 1. The child has been in the care of the Department or licensed agency for a period of 1 year, or for a period of 6 months in the case of a child who comes into care as an infant, or there is a history of previous placement or placements of this child; or 2. There is a history of neglect, abuse or lack of care of the child or other children by the respondent; or 3. The respondent is incapable of discharging parental responsibilities due to extended or repeated incarceration, except that the Court may consider post-conviction conduct of the respondent; or 4. The respondent is not able or willing to assume promptly legal and physical custody of the child, and to pay for the child’s support, in accordance with the respondent’s financial means; or 5. Failure to terminate the relationship of parent and child will result in continued emotional instability or physical risk to the child. In making a determination under this paragraph, the Court shall consider all relevant factors, including: A. Whether the conditions that led to the child’s placement, or similar conditions of a harmful nature, continue to exist and there appears to be little likelihood that these conditions will be remedied at an early date which would enable the respondent to discharge parental responsibilities so that the child can be returned to the respondent in the near future; B. The respondent’s efforts to assert parental rights of t”

   1 later decision quote this exact passage
   e.g. Hughes v. Division of Family Services