Seth Healey v. Vermont Department for Children and Families, et al.

Whether the Vermont Superior Court, Washington Unit, Civil Division (“Trial Court”) has a responsibility to determine the constitutionality of the substantiation procedure under Axon and based on the separation of powers?

Whether the State’s child abuse substantiation process complies with the Due Process Clause of the United States Constitution if the State engages in ex parte communications or relies on undisclosed extrarecord evidence?

Whether the State’s child abuse substantiation process complies with the Due Process Clause of the United States Constitution if a parent accused of child abuse is not given adequate information about the accusations, not allowed to compel witness testimony, not allowed to cross-examine witnesses at a predeprivation hearing, and not given a jury trial?

Whether the State’s child abuse substantiation process complies with the Due Process Clause of the United States Constitution if a parent accused of child abuse does not have an opportunity to raise constitutional issues until after the parent is placed on the State’s Child Protection Registry?

Whether the State’s child abuse substantiation process complies with the Due Process Clause of the United States Constitution if a parent accused of child abuse does not have a right to a jury trial, where the substantiation process is “akin to a criminal proceeding?