No. 23-7314

S. C. v. Vermont

Lower Court: Vermont
Docketed: 2024-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-welfare clear-and-convincing due-process fourteenth-amendment hearsay hearsay-evidence parental-rights parental-unfitness santosky-standard santosky-v-kramer
Key Terms:
DueProcess
Latest Conference: 2024-06-13
Question Presented (AI Summary)

Whether Vermont's law allowing courts to terminate parental rights based on hearsay violates the Fourteenth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED The questions presented are: 1. Whether Vermont’s law allowing courts to terminate parental rights based largely on hearsay violates the Fourteenth Amendment and this Court’s holding in Santosky v. Kramer, particularly when the legal standards for termination are already vague and subjective. 455 U.S. 745, 769, 102 S. Ct. 1388, 1403, 71 L. Ed. 2d 599 (1982) (explaining that the clear and convincing “standard adequately conveys to the factfinder the level of subjective certainty about his factual conclusions necessary to satisfy due process.”) 2. Whether the government can prove parental unfitness by clear and convincing evidence, as articulated in Santosky, when much of the admitted evidence is hearsay. Id. i

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-05-22
Waiver of right of respondent Vermont to respond filed.
2024-04-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2024)

Attorneys

S.C.
Allison N. FulcherMartin Delaney & Ricci Law Group, Petitioner
Allison N. FulcherMartin Delaney & Ricci Law Group, Petitioner
Vermont
Jonathan Todd RoseOffice of the Vermont Attorney General, Respondent
Jonathan Todd RoseOffice of the Vermont Attorney General, Respondent