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IN RE J.H.

No. 89-394.

587 A.2d 1009 (1991)

In re J.H., Juvenile.

Supreme Court of Vermont.

February 1, 1991.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Alexandra N. Thayer, Asst. Atty. Gen., Waterbury, for plaintiff-appellant Dept. of Social and Rehabilitation Services.

Charon A. True, St. Albans, for defendant-appellant J.H.

Steve Dunham, Public Defender, St. Albans, for defendant-appellee J.H.'s mother.

Before ALLEN, C.J., and PECK, GIBSON and DOOLEY, JJ.

PECK, Justice.

After an eighteen-month review hearing required by 33 V.S.A. § 5531 (formerly 33 V.S.A. § 658), the district court ordered that custody of J.H. be transferred from the Department of Social and Rehabilitation Services (SRS) to her mother. This appeal by SRS turns on the following issue: who bears the burden of proof at an eighteen-month review hearing? Because we find that the court allocated the burden of proof improperly, we remand for a...

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