In re J.V.

Annotate this Case
                                ENTRY ORDER
                      SUPREME COURT DOCKET NO. 88-400
                             MARCH TERM, 1990
 
 
In re J.V., Juvenile              }          APPEALED FROM:
                                  }
                                  }
                                  }          District Court of Vermont
                                  }          Unit No. 2, Chittenden Circuit
                                  }
                                  }
                                  }          DOCKET NO. 158-6-88CnJ
 
 
             In the above entitled cause the Clerk will enter:
 
 
    We agree with the district court that the delays in the delinquency and
disposition hearings beyond the time limits set out in 33 V.S.A. {{ 645(b)
and 647(a) were not cause for dismissal.  There is nothing in either
statute to suggest that a finding of delinquency or a disposition order is
valid only if the hearings are held within the time limits specified.  In re
J.R.,  No. 86-595, slip op. at 6-7 (Vt. Nov. 3, 1989).  The time limits are
directory rather than jurisdictional requirements.  Id. at 6-7.  Therefore,
noncompliance does not invalidate either the disposition order or the
finding of delinquency.  Id. at 7.
 
     However, the court must ensure that a parent's rights are protected by
speedy disposition hearings.  Id.  The granting of a continuance by the
trial court is a matter of discretion.  In re R.S., 143 Vt. 565, 570, 469 A.2d 751, 754 (1983).  By granting the brief continuances, the court acted
reasonably and diligently to resolve the disputes between the parties and to
accommodate legitimate needs.  There was no abuse of its discretion.
 
     Affirmed.
 
 
 
                                   BY THE COURT:
 
 
 
                                   Frederic W. Allen, Chief Justice
 
 
                                   Louis P. Peck, Associate Justice
 
 
[ ]  Publish                       Ernest W. Gibson III, Associate Justice
 
[ ]  Do Not Publish
                                   John A. Dooley, Associate Justice
 
 
                                   James L. Morse, Associate Justice


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