Justia Government & Administrative Law Opinion Summaries

The Court of Appeal reversed the judgment of the juvenile court denying Father's request for an evidentiary hearing on his petition filed under Cal. Welf. & Inst. Code 388 to reinstate reunification services with Minor, holding that, under the circumstances, it was error to deny Father's request for an evidentiary hearing on his section 388 petition.A few days after Minor's birth, the Alameda County Social Services Agency filed a petition on his behalf under Cal. Welf. & Inst. Code 300. The juvenile court terminated the reunification services of Father, who had been incarcerated since before Minor was born, and set a Cal. Well. & Inst. Code 366.26 hearing. The day before the hearing, Father filed his section 388 petition, stating that he had not been provided with services despite the court's orders. The court denied the petition without holding an evidentiary hearing. The Court of Appeal reversed, holding that the juvenile court erred in denying Father's request for an evidentiary hearing on his section 388 petition. View "In re Damari Y." on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court entering an order removing reunification with Parents from the permanent plan as to their two children, holding that competent evidence supported the trial court's findings of fact, and those findings sustained the trial court's conclusions of law.The Catawba County Department of Social Services filed a juvenile petition alleging that Parents' infant daughter had been abused and that both she and Parents' son were neglected. The court adjudicated the daughter as both abused and neglected and the son as neglected. An ensuing permanency planning order made reunification the primary plan. Given the severity of the daughter's injuries and that neither parent had acknowledged responsibility for the injuries, however, the court modified the permanent plan, eliminating reunification from the plan and specifying a primary plan of adoption. The court of appeals reversed. The Supreme Court reversed, holding (1) the evidence on the record supported the trial court's findings of fact, which supported the conclusions of law in the permanency planning order; and (2) the court of appeals addressed a constitutional issue that was not preserved for appellate review. View "In re J.M." on Justia Law

The Supreme Court granted a writ of prohibition precluding the circuit court from enforcing its September 30, 2022 order denying the Delaware Tribe of Indians' motion to transfer the underlying abuse and neglect proceedings to the District Court of the Delaware Tribe pursuant to the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 to -1963, holding that the circuit court erred in denying the motion to transfer this action to the tribal court.The Department of Health and Human Resources (DHHR) filed a second amended abuse and neglect petition alleging that Father abandoned I.R. Father, who claimed to be a member of the Tribe, later indicated his desire to voluntarily relinquish his parental rights. The Tribe successfully moved to intervene in the proceedings, after which the court concluded that the ICWA was not applicable to these proceedings. The court thus denied the Tribe's motion to transfer this action to the tribal court. This petition seeking a writ of prohibition followed. The Supreme Court granted the writ, holding that the circuit court (1) erred in determining that the ICWA was inapplicable to this case; and (2) clearly erred in determining that good cause existed to deny transfer of this matter to the tribal court. View "State ex rel. Del. Tribe of Indians v. Honorable Nowicki-Eldridge" on Justia Law

removed an Alaska Native child from his mother and placed him with a relative, the child experienced suicidal ideation and checked himself into a psychiatric facility. Following a period of seemingly voluntary care, OCS requested a hearing to place the child at an out-of-state secure residential psychiatric treatment facility. The child’s Tribe intervened and challenged the constitutionality of AS 47.10.087, the manner in which evidence was received, and alleged due process violations. The child joined in some of these objections. The superior court ordered the child placed at a secure residential psychiatric treatment facility per AS 47.10.087. The Tribe, but not the child, appealed the placement decision, contending primarily that the superior court erred in proceeding under AS 47.10.087 and in making its substantive findings, and plainly erred in authorizing placement pursuant to AS 47.10.087 without addressing the Indian Child Welfare Act’s (ICWA) placement preferences. The Alaska Supreme Court found no error in the court’s application of AS 47.10.087 or its substantive findings, and thus affirmed the superior court’s placement determination. The Court expressed concern that the trial court failed to make required inquiries and findings related to ICWA’s placement preferences. However, this did not amount to plain error. The Supreme Court did not reach the Tribe’s other arguments as the Tribe has either waived them or lacked standing to raise them. View "Tuluksak Native Community v. Dept. of Health & Soc. Srvs." on Justia Law

A.C. (Mother) challenged a juvenile court’s dispositional finding that the Indian Child Welfare Act of 1978 did not apply to the dependency proceedings to her five children. Mother contended that San Bernardino County Children and Family Services (CFS) failed to discharge its duty of initial inquiry under Welfare and Institutions Code section 224.2 (b). After review of the juvenile court record, the Court of Appeal concluded that Mother’s argument lacked merit and therefore affirmed. View "In re Ja.O." on Justia Law

The Supreme Court affirmed the judgment of the juvenile court changing the permanency plan for a minor child (Child) from reunification to adoption, holding that there was no error.In 2021, the State filed a petition against Mother alleging neglect of Child. The juvenile court removed Child from the home follow a hearing and placed Child into non-relative foster care. In 2022, the Department of Family Services (DFS) recommended that the juvenile court change the permanency plan from reunification to adoption. The juvenile court conducted an evidentiary hearing and then issued an order changing the permanency plan from reunification to adoption. The Supreme Court affirmed, holding (1) the juvenile court did not err in excluding Child's maternal grandmother as a placement option; (2) the juvenile court did not err in changing the permanency plan from reunification to adoption and allowing DFS to cease further reunification efforts; and (3) Father was not materially prejudiced by his absence from a shelter care hearing. View "AG v. State" on Justia Law

Appellants (father and mother) challenged multiple circuit court orders finding both parents neglected their children and ordering the children's removal from their home. Appellants were the parents of B.R., S.R., and J.R. Both parents had a significant history with the New Hampshire Division for Children, Youth and Families (DCYF), including reports alleging one or both parents were manufacturing or selling methamphetamines in the home with the children present. In March 2021, based on criminal allegations against mother (relating to her purchase and use of methamphetamine), DCYF filed a motion for ex parte removal of the children from the home. The trial court granted the motion and found that mother’s continued involvement in drug trafficking beginning in 2015, and her risk-taking behavior related thereto, “demonstrate that the children’s health or life are in imminent danger if they are allowed to remain in the parents’ home.” The court awarded DCYF protective supervision of the children. In May 2022, following a dispositional hearing, the court found that return of the children to their home would be contrary to their welfare because neither parent had corrected the behavior that led to the children’s initial removal. Father and mother each appealed separately. The New Hampshire Supreme Court accepted the two appeals and consolidated them. Parents argued both findings were unsupported by the evidence. Father also argued that the court’s orders failed to provide specific written findings as required by RSA 169-C:6-b, III (2022). After review of the circuit court orders, the New Hampshire Supreme Court found no reversible error and affirmed. View "In re J.R.; In re S.R.; In re B.R." on Justia Law

The Supreme Judicial Court affirmed the judgment of a single justice of the court dismissing as moot Father's petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that there was no abuse of discretion.The Department of Children and Families filed a care and protection petition pursuant to Mass. Gen. Laws ch. 119, 24 after the child in this case tested positive at birth for drugs. Thereafter, temporary custody was granted to Father. Father filed a motion to dismiss the petition for temporary custody on the grounds that there was no need for judicial intervention. The judge denied the order. Thereafter, Father brought his Mass. Gen. Laws ch. 211, 3 petition. While the petition was pending, the juvenile court dismissed the care and protection case. On that basis, the single justice dismissed Father's as moot Mass. Gen. Laws ch. 211, 3 petition. The Supreme Judicial Court affirmed, holding that this Court declines to exercise its discretion to consider Father's appeal notwithstanding the fact that it was moot. View "In re Care & Protection of a Minor" on Justia Law

Jennie and Christopher Zinn appealed a circuit court's dismissal of their complaint against Ashley Till. In October 2017, the Zinns filed an adoption petition with the probate court concerning an unborn child. The child was born later that month, and the probate court subsequently entered an interlocutory adoption decree. In November 2017, the Zinns filed an amended adoption petition, listing the child's name and providing the consent of the child's mother and purported father to the child's adoption. On December 18, 2017, Till, an employee of the Alabama Department of Human Resources, submitted an acknowledgment letter to the probate court stating that there was no entry in the putative-father registry relating to the child. The next day, the probate court entered a final decree of adoption. On January 25, 2018, Till submitted a corrected acknowledgment letter to the probate court, identifying an individual who was, in fact, listed in the putative-father registry regarding the child and stating that incomplete information had previously been provided "due to oversight and neglect." The next day, the probate court vacated the final decree of adoption based on the corrected acknowledgment letter. In June 2019, the Zinns filed suit against Till alleging: (1) negligence; (2) wantonness; and (3) that the defendants had "acted willfully, maliciously, in bad faith, beyond their authority or under a mistaken interpretation of the law ...." The Zinns' complaint sought awards of compensatory and punitive damages. On appeal, the Zinns argue that the circuit court erred by dismissing their claims on immunity grounds. Till moved to dismiss count one of the Zinns' complaint based on State-agent immunity, and the circuit court cited State-agent immunity as an alternative ground for dismissing counts two and three of the complaint. Insofar as the circuit court's judgment dismissing each count of the complaint was based on the doctrine of State-agent immunity, the parties appeared to agree that the judgment should have been reversed regarding each count. The judgment was reversed and the case remanded for further proceedings. View "Zinn v. Till" on Justia Law

Mother appealed a trial court’s determination that C.C. was a child in need of care or supervision (CHINS). She argued that the court erred in admitting certain hearsay statements by C.C. concerning alleged sexual abuse by mother’s boyfriend. The Vermont Supreme Court did not reach mother’s arguments because, even excluding this evidence, the court’s decision was amply supported by its remaining findings. Therefore, judgment was affirmed. View "In re C.C." on Justia Law