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IN RE S.M.

No. 93-225.

655 A.2d 726 (1994)

In re S.M. and M.M., Juveniles.

Supreme Court of Vermont.

December 30, 1994.

Attorney(s) appearing for the Case

Adele Pastor of Corsones and Corsones, Rutland, for appellant children.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Alexandra N. Thayer, Asst. Atty. Gen., Waterbury, for appellant SRS.

Robert Appel, Defender Gen., and Henry Hinton, Appellate Atty., Montpelier, for appellee father.

Kathleen De Veaux, Rutland, for appellee mother.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

The Commissioner of Social and Rehabilitation Services (SRS) and juveniles S.M. and M.M. appeal from an order of the Rutland Family Court denying SRS's petition to terminate the residual parental rights (TPR) of the juveniles' parents. Appellants raise three claims on appeal: (1) in every dispositional review the court must consider the factors enumerated in 33 V.S.A. § 5540, even where the court does not find a substantial change of material...

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