In re J.M.

2005 VT 62, 878 A.2d 293, 178 Vt. 591, 2005 Vt. LEXIS 149
CourtSupreme Court of Vermont
DecidedJune 9, 2005
DocketNo. 04-555
StatusPublished
Cited by3 cases

This text of 2005 VT 62 (In re J.M.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.M., 2005 VT 62, 878 A.2d 293, 178 Vt. 591, 2005 Vt. LEXIS 149 (Vt. 2005).

Opinion

¶ 1. J.M., now seventeen years old, appeals from an order of the Franklin Family Court modifying J.M.’s case plan and disposition. The new plan requires J.M. to complete rehabilitation treatment at the Woodside Residential Program, commonly called the, Woodside “R-wing.” J.M. argues that the family court did not make the findings required by statute to modify disposition. J.M. also argues that the court erred because the new plan does not put J.M. in the least restrictive and most family-like setting possible as federal and state policy require. We affirm.

¶2. In October and November 2002, the State charged J.M. with delinquency in two separate cases. The State subsequently dropped the delinquency charges and replaced them with two petitions alleging that he was in need of care and supervision (CHINS). In March 2003, the Franklin Family Court adjudicated J.M. CHINS because his behavior was beyond his parents’ control. 33 V.S.A. § 5502(a)(12)(C). The family court transferred legal custody and guardianship of J.M. to the Commissioner of the Department for Children and Families (DCF), and it approved a case plan whose goal was to reunify J.M. with his father and stepmother after J.M. received needed treatment.

¶ 3. J.M.’s behavioral problems are serious. He suffers from attention deficit hyperactivity disorder and oppositional defiant disorder, and has shown symptoms of post-traumatic stress disorder. J.M. can be violent and aggressive towards other people. On one occasion, J.M. assaulted his older sister. That incident led to a separate delinquency charge in Lamoille County. In May 2003, the Lamoille Family Court adjudicated J.M. to be delinquent and ordered him to remain in DCF custody while on probation. The delinquency case was transferred to the Franklin Family Court in early 2004 by agreement of all the parties. Since that time, DCF has prepared a unified case plan for J.M. in the CHINS and delinquency dockets, although the [592]*592Franklin Family Court never ordered the cases consolidated.

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Bluebook (online)
2005 VT 62, 878 A.2d 293, 178 Vt. 591, 2005 Vt. LEXIS 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jm-vt-2005.