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D. B., et al. v. Vermont Department for Children and Families

IFP petition · Supreme Court of Vermont, No. 25-AP-033 · judgment July 11, 2025


Certiorari denied · May 4, 2026

Questions presented

The questions presented are:

  1. Whether 42 U.S.C. § 671(a)(15)(B), which mandates that reasonable efforts “shall be made” to reunify families, requires state courts to ensure that child welfare agencies made reasonable efforts toward reunification before terminating parental rights based solely on parents’ failure to remedy the conditions that led to removal.

  2. Whether the Due Process Clause requires a court-approved case plan providing parents with fair notice of what they must do to avert termination and preserve their fundamental right to parent their children.

Counsel of record

For petitioner
Kerrie Lynn Johnson
Vermont Office of the Defender General

For respondent
Jonathan Todd Rose
Office of the Vermont Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 04 2026
    Petition DENIED.
  2. Apr 16 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Apr 13 2026
    Reply of petitioners D.B., et al. filed. (Distributed)
  4. Mar 30 2026
    Brief of respondent Vermont Department for Children and Families in opposition filed.
  5. Mar 13 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including April 13, 2026.
  6. Mar 12 2026
    Motion to extend the time to file a response from March 13, 2026 to April 13, 2026, submitted to The Clerk.
  7. Mar 12 2026
    Letter from counsel for respondent filed.
  8. Jan 28 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2026.
  9. Jan 26 2026
    Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
  10. Jan 12 2026
    Response Requested. (Due February 11, 2026)
  11. Dec 31 2025
    DISTRIBUTED for Conference of 1/16/2026.
  12. Dec 09 2025
    Waiver of right of respondent Vermont Department for Children and Families to respond filed.
  13. Nov 10 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2025)