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Filed on
Tuesday, June 10, 2014
SUMMARY: Continued protective custody of the children was appropriate where the mother failed to follow a safety plan of appropriately monitoring the children in a case with sexual abuse history. An 8-month time lapse between removal and completion of the Protective Custody Hearing did not violate...Read more
Filed on
Tuesday, June 26, 2012
SUMMARY: The rights advisement to a parent only needs to be given prior to the adjudication or plea, but it is good practice to advise a parent at the earliest possible time. Continued custody was proper where the mother continued to have issues with mental health, housing, domestic violence and...Read more
Filed on
Tuesday, June 5, 2012
SUMMARY: Continued custody of an unattended child was not improper where the mother missed several meetings with the caseworker, causing a delay in collecting information. Six-year-old Imelda was removed on October 24, 2011, after she was left locked out of her home after returning from school and...Read more
Filed on
Tuesday, September 27, 2011
SUMMARY: When the State seeks temporary custody of a child as to a second parent, even if non-custodial, a detention (i.e., Protective Custody) hearing must be held even if a prior detention hearing was held as to the custodial parent. Amari G, DOB 5/10, was removed from his mother at birth. The...Read more
Filed on
Tuesday, May 4, 2010
SUMMARY: A 60-day delay between the ex parte order and protective custody hearing was not unreasonable due to the unusual circumstances of the case where DHHS did not obtain physical custody of the child until 1 ½ months after the ex parte order was issued. Because the child lived at least 6 months...Read more
Filed on
Tuesday, May 27, 2008
SUMMARY: An 18-day delay between the ex parte order and the detention hearing is “on the outer edge of reasonableness” but is not unreasonable. The evidentiary basis of an ex parte temporary detention order is not appealable because the ex parte order is not a final order. On November 5, 2007, the...Read more
Filed on
Thursday, April 23, 1998
SUMMARY: Preadjudication and postadjudication detention hearings are dispositional in nature and strict rules of evidence are not applied to dispositional hearings, thus allowing caseworker hearsay testimony to be admitted. Gloria, 12 years of age, entered foster care in March 1993. Parental rights...Read more
Filed on
Tuesday, May 21, 1996
SUMMARY: A juvenile court does not have jurisdiction to terminate parental rights during an appeal. Termination proceedings are not collateral and independent from initial proceedings in a 3a case. A second detention order entered after adjudication has been held is a final, appealable order...Read more
Filed on
Friday, June 14, 1991
SUMMARY: Fourteen days between removal and the protective custody hearing is on the brink of unreasonableness but does not violate due process. The protective custody hearing order is a final, appealable order but the ex parte order is not. On August 10, 1990, R.G., an infant, was removed from the...Read more
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