Supreme Court of Vermont

In re M.C.P., Juvenile

December 8, 1989153 Vt. 275

Summary

The court held that the juvenile court had reason to know the child might be a member of the Saint Regis Mohawk Tribe and therefore was required to provide tribal notice under the Indian Child Welfare Act, but that the notice violation did not automatically require reversal or return of custody. It affirmed the later merits and disposition determinations as adequately supported and held that statutory timing violations were directory rather than jurisdictional. The court struck language that could require the parents to waive their privilege against self-incrimination and struck the juvenile court's order concerning the brother because that issue was outside the court's jurisdiction.