Justia Government & Administrative Law Opinion Summaries

Respondent, the biological mother of C.O. and G.L., appealed a circuit court order terminating her parental rights over the two minor children on the ground that she failed to correct the conditions that led to the circuit court’s finding that she neglected both children and abused G.L. She argued the circuit court erred in finding: (1) the New Hampshire Division for Children, Youth and Families made reasonable efforts to reunify her with her children after it terminated visits with her children; and (2) she failed to correct the conditions that led to the court’s finding of abuse and neglect because one of the circuit court’s conditions, that she accept responsibility for the underlying abuse, violated her constitutional right against self-incrimination. After review of the facts entered in the circuit court record, the New Hampshire Supreme Court found no abuse of discretion and affirmed. View "In re C.O.; In re G.L." on Justia Law

Respondent San Diego County Health and Human Services Agency (Agency) did not oppose termination of the dependency of N.O., rather, the Agency recommended it. N.O.'s counsel opposed termination of dependency jurisdiction over the objection of N.O.'s parents. Mexico declined to exercise jurisdiction over Minor, who was detained in California when Minor's mother A.R. (Mother) was arrested at the international border for transporting a large amount of marijuana. Minor was ultimately placed by a California juvenile court with maternal grandmother in Mexico. A few months after her arrest, Mother was released from custody and returned to Mexico, where she participated in services through the agency Desarrollo Integral de la Familia (DIF), which services were ordered and overseen by the juvenile court and Agency. Because Mother made substantial progress in services under her Agency care plan, Minor was returned to Mother's care. After a domestic violence (DV) incident between Mother and Minor's father S.G. (Father) in late December 2016 came to light in February 2017, Agency recommended Mother receive DV services, which were to be administered through DIF because Mother could no longer cross the border into the United States. When the court terminated jurisdiction in May 2018 it was unclear whether Mother had participated in such DV services. However, perhaps more important for purposes of this appeal, it also was unclear whether DIF had offered Mother such services, or believed they were even necessary. After multiple continuances of the section 364 review hearing, the juvenile court on March 8, 2018, granted Minor's counsel one last continuance, noting that it was "comfortable" closing the case based on the information then available to it and that it did not appear additional information regarding Minor would be forthcoming from DIF. On appeal, Minor contends the juvenile court's finding that conditions no longer existed in May 2018 that would justify the initial assumption of dependency over Minor in August 2015 was not supported by substantial evidence; that the court abused its discretion in not continuing the family maintenance review hearing until Minor was found and assessed; and that the juvenile court violated Minor's statutory right to counsel. The Court of Appeal determined Minor did not meet her burden of showing conditions still existed to justify the Agency's jurisdiction over her, and affirmed termination. View "In re N.O." on Justia Law

The Louisiana Supreme Court granted a writ in this termination of parental rights case to determine if the court of appeal erred in reversing a district court judgment terminating the parental rights of the father, C.K.D. The child was removed from his mother's care after testing positive for methamphetamines. The Department of Children and Family Services developed a case plan for the parents; as relating to C.K.D., the plan required him, among other things, to remain drug free, maintain a safe and stable home that met the basic needs of his children, complete random drug screens, and obtain a legal source of income to support his children. The plan was amended to require that C.K.D. complete parenting classes, anger management, and mental health counseling and to pay $25/month per child to DCFS for the support of his children. DCFS initially placed the children with C.K.D.’s mother, D.D. Some time later, DCFS received reports that C.K.D. was improperly living with D.D., and that D.D. was possibly using drugs while caring for the children. C.K.D., D.D., and both children tested positive for drugs. As a result, DCFS removed the children from D.D.’s home and placed them in non-relative foster care with G.B. Shortly thereafter, DCFS petitioned to terminate both parents' parental rights. After reviewing the record and the applicable law, the Court found no reversible error in the district court’s ruling that termination was supported by clear and convincing evidence and that termination was in the best interests of the children. View "Louisiana In the Interest of A.L.D. & L.S.D." on Justia Law

Plaintiff-appellant Riverside County Department of Child Support Services (the County) filed a complaint against defendant-respondent Michael Lee Estabrook (Father), seeking $288 per month in child support, as well as any healthcare expenses, for J.L., Father’s alleged daughter, whose mother, J.L. (Mother), was receiving public assistance. Father requested and received a judgment of non-paternity, and dismissed the County’s complaint with prejudice. On appeal, the County argued: (1) the family court erred by not ordering genetic testing; (2) the family court’s decision to apply the marital presumption was not supported by substantial evidence; (3) the family court erred by permitting Father to assert the marital presumption because the presumption may only be raised by the spouses who are in the marriage; and (4) the family court’s finding of non-paternity was not supported by substantial evidence. The Court of Appeal determined the family court erred by not ordering genetic testing; the family court’s decision to apply the marital presumption was not supported by substantial evidence; and the family court’s judgment of non-paternity was not supported by substantial evidence. View "County of Riverside v. Estabrook" on Justia Law

While the parties in this case litigated contempt proceedings over the course of seven years, the children at the center of the case aged out of the system and became peripheral to a nearly $4,000,000 judgment in favor of Respondents Janet and James Mercer-Smith, who pleased no contest to allegations of abuse against their two minor daughters Julia and Rachel. This case began in 2001 as an abuse and neglect proceeding and turned into a dispute over whether Children, Youth and Families Department (CYFD) had violated the district court's decision and Julia and Rachel could not be placed with former employees of a group home where they had been residing. After protracted litigation, the district court held CYFD in contempt for violating its placement decision and, almost four years later, imposed the sanction for the violation, ordering CYFD to pay the Mercer-Smiths more than $1,600,000 in compensatory damages and more than $2,000,000 in attorney fees and costs. The award was based on the district court’s determination that the violation of the placement decision resulted in the loss of the Mercer-Smiths' chance of reconciliation with Julia and Rachel. The New Mexico Supreme Court held that the purpose for which the district court exercised its contempt power was not remedial in nature and therefore could not be upheld as a valid exercise of civil contempt power. Accordingly, the Court reversed the contempt order and vacated the award in its entirety. View "New Mexico ex rel. CYFD v. Mercer-Smith" on Justia Law

Jane Doe (Mother) appealed a magistrate court judgment terminating her parental rights to her three minor children: PG, KG, and BG. Near the end of February 2017, Mother, who was thirty-five weeks pregnant with BG, went into preterm labor while in jail. She was transported to a hospital but did not have the baby at that time. While at the hospital, she tested positive for methamphetamines. Around that time, KG was hospitalized to receive treatment for Respiratory Syncytial Virus (RSV). Because Mother appeared to be under the influence of drugs when she visited KG in the hospital, the doctor called Child Protective Services over concerns that Mother could not adequately care for her child. After an investigation, the State of Idaho filed a petition to remove PG and KG from their home and they were placed into emergency shelter care on March 1, 2017. The children were three years old and one year old, respectively. BG was then born and placed in emergency shelter care on March 29, 2017, after testing positive for three kinds of opiates. Because Mother continued to use drugs, have other criminal issues, and made only minimal progress on her case plan after eight months, the State filed a petition to terminate her parental rights on November 28, 2017. Mother argued the magistrate court abused its discretion in determining that she neglected her children and that it was in the children’s best interest to terminate the parent-child relationship. Although Mother did not describe how the magistrate court abused its discretion or recite the abuse of discretion standard in her brief, the Idaho Supreme Court took her argument to be that substantial and competent evidence did not support the magistrate court’s findings. To this end, the Supreme Court disagreed and affirmed termination of her parental rights. View "DHW v. Jane Doe" on Justia Law

Shauna R. appealed an order terminating parental rights to her son, Cody R., contending the order should have been reversed because the San Diego County Health and Human Services Agency (Agency) did not give preferential consideration to relatives when determining Cody's placement. After considering the parties' supplemental briefing on the issue of standing, the Court of Appeal concluded Shauna did not have standing to appeal the order terminating parental rights. "A parent's appeal from a judgment terminating parental rights confers standing to appeal an order concerning the dependent child's placement only if the placement order's reversal advances the parent's argument against terminating parental rights." Shauna overlooked the fact she did not challenge on appeal the court's finding there were no exceptions to termination of parental rights. "She alludes to the possibility that if Cody had been placed in the care of a relative, the relative would not have been able to adopt and the court would have ordered a permanency plan of guardianship, thus preserving Shauna's parental rights. Speculation about a hypothetical situation is not sufficient to support standing." Furthermore, the Court found the record did not support Shauna's claims there were relatives willing to provide a home to Cody and the Agency failed to apply the relative placement preference. In not bringing the placement issue to the juvenile court's attention at any time during Cody's dependency proceedings, Shauna has forfeited the issue on appeal. View "In re Cody R." on Justia Law

Plaintiff New Jersey Division of Child Protection and Permanency (Division) brought a guardianship action against R.L.M. and J.J., seeking to terminate their parental rights to their daughter R.A.J. At a case management conference early in the proceeding, J.J. told the court that he did not want an attorney appointed for him. As the conference continued, J.J.’s previously assigned counsel continued to speak on his behalf. At the second case management conference, J.J. left the courtroom before the conference began. At the third conference, J.J. stated that he wanted to retain substitute counsel. The judge noted that J.J.’s assigned counsel would continue to represent him pending any substitution of attorney. J.J. did not retain private counsel. At the final case management conference and the pretrial conference, J.J.’s assigned counsel represented him; J.J. declined to appear. The Court granted J.J.’s petition for certification, in which he claimed only that he was entitled to a new trial by virtue of the trial court’s denial of his request to represent himself. "Although a parent’s decision to appear pro se in this complex and consequential litigation represents poor strategy in all but the rarest case," the New Jersey Supreme Court found N.J.S.A. 30:4C-15.4 plainly authorized that parent to proceed unrepresented. "The parent’s right of self-representation, however, is by no means absolute. That right must be exercised in a manner that permits a full and fair adjudication of the dispute and a prompt and equitable permanency determination for the child." In this case, the the Supreme Court found the trial court properly denied J.J.’s "untimely and ambivalent claim." View "New Jersey Division of Child Protection and Permanency v. R.L.M." on Justia Law

Shane Martin appealed an order denying his N.D.R.Civ.P. 60(b) motion for relief from default judgment. Martin was the biological father of Cheri Poitra's child, I.R.P. Martin and Poitra were unmarried tribal members of the Turtle Mountain Band of Chippewa. In August 2017, Poitra began receiving services from Bismarck Regional Child Support Unit (BRCSU). The State sought to establish a child support obligation from Martin and served him with a summons and complaint. Martin completed a financial affidavit and returned it to BRCSU on October 8, 2017, but did not file an answer or other responsive pleading. On November 7, 2017, the State filed a N.D.R.Ct. 3.2 motion for default judgment. More than 21 days had passed since Martin was served and he had appeared but had not filed an answer or other responsive pleading. On November 17, 2017, Martin filed a notice of special appearance. The notice of special appearance did not contain an accompanying affidavit, motion, request for action, or response to the allegations. Instead, the notice stated only that Martin's attorney was entering a special appearance to contest "both subject matter and personal jurisdiction." Included with the notice was a copy of a summons and a petition for custody filed by Martin with the Turtle Mountain Tribal Court on November 16, 2017. A hearing on the "notice of special appearance" was held January 2018. During the hearing, the district court stated numerous times that the notice was not a motion on which the court could act and instructed Martin to file a motion. In February, 2018, the district court entered its findings of fact, conclusions of law, and order for judgment finding Martin in default. Judgment was entered February 21, 2018. Martin argues that his return of the financial affidavit and filing of a notice of special appearance was sufficient to preclude a default judgment under N.D.R.Civ.P. 55(a) and thus the district court erred in denying his Rule 60(b) motion. The North Dakota Supreme Court affirmed: the district court did not err in denying a Rule 60(b) motion for relief from judgment where Martin was properly provided notice and served with the motion for default judgment. View "North Dakota v. Martin" on Justia Law

A.E., the mother of A.L.E., appealed a judgment terminating her parental rights. The record revealed that A.E. has struggled with substance abuse before and after A.L.E.'s birth. Her substance abuse resulted in multiple periods of incarceration. Her substance abuse required, at the time of the hearing, that A.L.E. be in foster care and in the custody of Social Services for 707 days of the days since her birth in 2015. A.E.'s drug usage has also adversely affected A.L.E.'s health. A.L.E.’s father did not participate in the termination proceedings and did not appeal termination of his parental rights. A.E., however, challenged the juvenile court’s determination that A.L.E. was deprived and that the causes of deprivation were likely to continue. Furthermore, she argued reasonable efforts were not made to reunify her with A.L.E. Because the juvenile court correctly applied the law, the record contains evidence to support the juvenile court's decision, and it was not left with a definite and firm conviction a mistake has been made, the North Dakota Supreme Court affirmed. View "Interest of A.L.E." on Justia Law