13 results for 'cat:"Family Law" AND cat:"Government"'.
J. Newey finds a lower court improperly dismissed a civilian's accommodation claims against a city council. The city council argued that it provided him with adequate housing. However, the civilian presented sufficient evidence in court that he is entitled to a housing upgrade to accommodate his three children who visit regularly. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 27, 2024, Case #: CA-2023-758, Categories: family Law, government, Housing
J. Pellegrini finds that the trial court properly order the involuntarily termination of a mother’s parental rights to her three-year-old daughter and changed the child’s permanency goal to adoption. The child, who was born with a rare genetic condition that her biological parents did not have the means to accommodate for, has bonded with her foster parents, who have helped her make great progress. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 28, 2023, Case #: J-S38031-23, Categories: family Law, government, Guardianship
[Consolidated] J. Bunn vacates the lower court's order separately terminating the Wyoming County father's and mother's parental rights to their two children. It was error to adjudicate the father and mother as neglectful parents of their then-8-month-old daughter based on their silence on how they may have harmed her after an emergency room physician reported suspected bruising on her forehead when the mother sought treatment for her high fever. Also, nothing supports the judge's adjudication of the parents of abusing or neglecting their newborn son since he was removed from their custody by emergency order immediately following his birth. Vacated.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 9, 2023, Case #: 22-602, Categories: Evidence, family Law, government
J. Hutchison affirms the lower court's order terminating the Hampshire County father's rights to his 16-month-old daughter. The judge did not abuse his discretion in finding the man to be a neglectful parent since paternity had not been established until an earlier petition was filed against the birth mother, and he was incarcerated at the time of the proceeding serving a sentence on two counts of possession with intent to deliver a controlled substance with a maximum term of 15 years. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 8, 2023, Case #: 22-698, Categories: family Law, government
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J. Walker vacates the lower court's orders terminating the rights of the Kanawha County father to his four children. The judge erred by not following the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings and related statutes to make specific findings for disposition of each child and as to whether the father has been given an opportunity to correct the conditions that created their abuse and neglect. Vacated.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-623, Categories: family Law, government
[Consolidated.] J. Wooton dismisses the Nicholas County mother's appeal of the lower court's order denying her motion for post-termination visitation of her infant daughter and affirms the court's order terminating the father's parental rights. Since there are still issues not yet ripe for adjudication, the court lacks subject-matter jurisdiction to hear the mother's appeal. Based on the judge's "very detailed and well-supported" dispositional order, there is no likelihood the conditions the father created that led to his daughter's abuse and neglect could be substantially corrected. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 8, 2023, Case #: 22-733, Categories: family Law, government
J. Soto finds a lower court ruled correctly in terminating the parental rights of a mother. The mother argued there was not sufficient evidence for the termination, but child-welfare officials established the child was living in a dangerous home environment, including due to the mother’s “significant history of substance abuse.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-23-00101-CV, Categories: family Law, government, Guardianship
J. Bourgeois denies a requests by consul for the American Civil Liberties for the “complete files” of all juvenile offenders temporarily housed in the former death row facility at the state’s maximum security prison at Angola, Louisiana. Advocates for the detained children have not set forth any arguments as to why records dating to each juvenile’s adjudication are relevant to an upcoming hearing on current conditions at the youth detention facility on the 18,000-acre prison farm. The hearing is set for Aug. 15, 2023.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: July 9, 2023, Case #: 3:22cv573, NOS: Prison Condition - Habeas Corpus, Categories: family Law, government, Prisoners' Rights
J. Walker reverses the lower court's May 20, 2022, order refusing to adjudicate an Upshur County man as a neglectful parent despite his proven history of abusing methamphetamines. The court finds the judge erred in relying on a prior decision regarding a father's testing positive for methamphetamines which is distinguishable from this case since the father "failed drug screens and admitted to abusing methamphetamine while entrusted as K.R.’s physical custodian." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: June 15, 2023, Case #: 22-0419, Categories: family Law, government, Juvenile Law
J. Hutchison affirms the lower court’s order denying a Raleigh County couple’s motion to intervene in an abuse and neglect proceeding to adopt their niece, who was removed from her mother’s care after the mom tested positive for heroin. The judge committed no error in determining though the blood kin are suitable parents, the child’s best interests are served by her permanent placement with “fictive kin” — an adult 21 or older who is not a relative, but “who has an established, substantial relationship with the child.” Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: June 8, 2023, Case #: 22-0365, Categories: family Law, government, Juvenile Law
J. Armstead affirms the lower court’s termination of a mother’s parental and custodial rights to her infant daughter after determining she was not likely to “fully participate” in a post-dispositional improvement period due to her continued addiction to methamphetamine. The court finds despite testing positive for tuberculous which delayed the mother's admission into long-term rehabilitation, the daughter’s interests are not served by waiting months to determine if her mother can successfully complete a recovery program. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: June 2, 2023, Case #: 22-0464, Categories: family Law, government
J. Rodriguez finds a lower court ruled correctly in terminating the parental rights of a mother. The mother argued there was not adequate evidence to support termination, but by the final child-custody hearing the mother had “still not completed her required parenting classes,” and child welfare officials were having “difficulties remaining in contact” with her. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-23-00036-CV, Categories: family Law, government, Guardianship