Supreme Court of Vermont
In RE B.B., B.C., and B.B., Juveniles
February 15, 2019208 A.3d 244
Summary
The Supreme Court of Vermont affirmed the CHINS finding for B.C. while reversing and remanding the determinations for Bo.B. and Br.B., holding that the State need not prove unjustified absences to establish educational neglect, that risk of harm must be shown, that voluntary IEP services for nonschool‑age children do not create a presumption of neglect, and that the attendance records were admissible as business records.
Holding
- Whether the State must prove that the children’s absences were without justification to establish educational neglect under 33 V.S.A. §5102(3)(B).. The State is not required to prove that the children’s absences were without justification to establish educational neglect; it need only show that the children lack the education necessary for their well‑being.
- Whether the evidence shows a risk of harm to the children’s well‑being sufficient to support a CHINS finding.. The evidence established a risk of harm for B.C. and thus upheld the CHINS finding for her, but was insufficient to show a risk of harm for Bo.B. and Br.B., leading to reversal and remand for those children.
- Whether the existence of IEPs for nonschool‑age children supports a finding of educational neglect.. Because services for nonschool‑age children are voluntary under 33 V.S.A. §4701(a), a parent’s refusal to accept or continue those services does not create a presumption of neglect.
- Whether the computer‑generated school attendance records are admissible under Vermont Rule of Evidence 803(6).. The trial court properly admitted the attendance records as business records under V.R.E. 803(6); its discretion was not abused.
Docket 2018-356