6 results for 'cat:"Family Law" AND cat:"Health Care" AND cat:"Guardianship"'.
J. Gruber finds the circuit court properly adjudicated the children dependent-neglected. The department removed the children after finding evidence the parents were making up symptoms requiring medical treatment. Treating physicians testified no records support any need for the children's treatment for congenital disease. Though the parents objected to a question asked by the prosecution regarding discussions a witness had with a treating doctor, the prosecution was asked to rephrase the question. The parents have not shown prejudice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 10, 2024, Case #: CV-23-598, Categories: family Law, health Care, guardianship
[Consolidated] J. Pirtle finds the county court properly terminated the mother's parental rights to her two children. The mother has an extensive history with alcohol abuse, including having been in DUI accidents with her children in the vehicle. She also has cognitive impairment from having been kicked in the head by a horse. The mother has demonstrated she is unable to mitigate the effects of her traumatic brain injury, cease from behaving erratically and address her substance abuse problems. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: February 6, 2024, Case #: A-22-684 , Categories: family Law, health Care, guardianship
J. Guerrero reverses the appeals court's decision affirming the juvenile court's removal of the child from the drug-addicted father. The California Supreme Court granted review to resolve the split of authority regarding the meaning of “substance abuse" within the Welfare and Institutions Code verses the Diagnostic and Statistical Manual of Mental Disorders. Neither definition is essential. The law at issue assigns “substance abuse” its ordinary meaning of excessive use of drugs or alcohol. Though professional diagnoses can be relevant to determining the existence of substance abuse, the statute does not require such proof. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S274943, Categories: family Law, health Care, guardianship
J. Klappenbach finds the circuit court properly adjudicated three of the mother’s children dependent-neglected, granting permanent custody of one child to the father. After one of the children was admitted to the hospital for a cough, staff became concerned about the mother’s mental stability as she persistently reported with “pressured and erratic” speech her concerns that the child may have meningitis, HIV, herpes, sepsis or toxic-shock syndrome. The mother was reported to family services after the father told hospital staff that she was using Suboxone and had told him that the child was dying. Whether her behavior was attributable to drug use, a mental health crisis, or a concussion, as claimed, doctors were concerned that she would not provide proper care and supervision for her child. All evidence supports the court’s dependency-neglect finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-23-220, Categories: family Law, health Care, guardianship
J. Neeley finds the trial court properly terminated the father’s parental rights to his minor daughter. Relevant evidence shows that the father voluntarily left his daughter alone or in the possession of another without providing adequate support and remained away for at least six months, knowingly placed her in conditions and engaged in conduct which endangered her well-being. All fully considered relevant factors regarding the father’s untreated mental illness, including medication that made him violent, supports termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 31, 2023, Case #: 12-23-00096-CV, Categories: family Law, health Care, guardianship
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J. Bishop finds the county court sitting as juvenile court properly terminated the mother’s parental rights to her two-year-old daughter. The child had been removed from the mother’s care shortly after birth due to concerns arising from the mother’s screaming at staff, her refusal to sign a treatment order, and her mental health history. After the state gained temporary custody and initiated a case plan with the goal of reunification, the mother failed to make progress, also engaging in conflicts with her attorney and the court. Due to questions as to her mental maturity as well as a past parental termination, all evidence supports that termination is in the child’s best interest. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: July 18, 2023, Case #: A-22-678, Categories: family Law, health Care, guardianship