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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, July 5, 2011
SUMMARY: Reasonable efforts offered to a parent in a prior proceeding that are close in time to the later removal and reasonably related to the circumstances causing the removal are sufficient to satisfy the reasonable effort requirement for the later removal. Amari A., born in September 2010, was...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
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