17 results for 'cat:"Family Law" AND cat:"Juvenile Law"'.
J. McEvers remands a matter to juvenile court concerning the termination of parental rights. Although competent evidence existed allowing for termination of parental rights, because the juvenile court had discretion to terminate parental rights, remand was necessary for the court to exercise its discretion.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: April 18, 2024, Case #: 2024ND70, Categories: family Law, juvenile Law
J. Wendlandt upholds the denial of a juvenile’s motion to dismiss a care and protection case to give her father permanent custody over her. A custody order, without the care and protection case, is not sufficient for the father to maintain custody because the default custody arrangement for nonmarital children is for the mother to have custody. Affirmed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: April 17, 2024, Case #: SJC-13494, Categories: family Law, juvenile Law
J. Adams finds the lower court properly terminated the parental rights of a mother to her minor child. The child was removed from mother’s care when the juvenile court found the mother’s marijuana abuse, mental health issues and environment proved a substantial risk of harm to the child. The mother argues that her due process rights were violated when her parental rights were terminated, because the juvenile court was not required to consider her potential to change, as she, at the age of 17, is a teenager. The instant court finds no error by the lower court, as the record shows that the mother failed to comply with the reunification plan, her right to due process was not violated, and the decision is one where the needs of the child were placed as the priority. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: March 28, 2024, Case #: B330106, Categories: family Law, Due Process, juvenile Law
J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: family Law, Jurisdiction, juvenile Law
[Consolidated.] J. Lobrano finds that the juvenile court properly denied parents' motion to order the Department of Children and Family Service to change the placement of their son from his foster parents to their chosen relatives. In this case, the foster parents have adopted the son's siblings, and, according to his case worker, the son is thriving in his placement. Further, the juvenile court does not have the authority to order the placement of the son with the parents' choice of relatives. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: February 23, 2024, Case #: 2023-CA-0744, Categories: Evidence, family Law, juvenile Law
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J. Reyes affirms the district court's denial of the grandmother's motion for an evidentiary hearing after she filed a motion for adoptive placement. The grandmother's failure to file a valid adoption home study or an affidavit, statutory prerequisites for such a hearing, meant that the court's refusal to hold the hearing was not erroneous. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: January 29, 2024, Case #: A23-0877, Categories: family Law, juvenile Law
J. Usman finds the lower court properly terminated the parental rights of a mother to her three minor children on grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, substantial noncompliance with a permanency plan, persistent conditions, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interests. The children were removed from the mother’s care after the Tennessee Department of Children’s Services received a referral regarding the children’s living conditions and mother’s drug use. Because the mother failed to establish a stable residence, did not comply with the permanency plan, and continued using drugs, her parental rights were ultimately terminated, with all grounds of termination sufficiently supported by evidence. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: December 4, 2023, Case #: M2023-00096-COA-R3-PT, Categories: family Law, juvenile Law
J. Arterburn finds the county court properly denied the mother’s request to change her sons’ surname to her maiden surname. The sons, now in high school, have had contentious relationships with their father, who they have witnessed abusing their mother and his other girlfriends. The father has had inconsistent relationships with the sons since the divorce, which happened when the sons were five and six years old. Though the sons use their mother’s maiden name where allowable and their father’s where legally required, evidence does not show that their substantial welfare requires the name change. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 24, 2023, Case #: A-22-878, Categories: Civil Procedure, family Law, juvenile Law
J. Zimmerer finds that the juvenile court properly waived jurisdiction and transferred the juvenile to criminal court on his capital murder charge that stems from his role in the robbery and murder of a victim at an apartment complex. There was sufficient evidence to show probable cause that the juvenile committed the alleged offense and that he should be certified as an adult. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 12, 2023, Case #: 14-23-00346-CV, Categories: family Law, Jurisdiction, juvenile Law
J. Rubin finds there is substantial evidence to support that a child welfare organization had reasonable cause to believe that a stepfather sexually abused his minor stepson. While the stepson had recanted two previous sexual abuse claims against his stepfather, his mother spoke with him before he recanted on both occasions, and may have influenced him to do so. Furthermore, the stepson engages in physical behaviors that are common in survivors of sexual abuse.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: October 6, 2023, Case #: 22-P-35, Categories: family Law, juvenile Law, Assault
[Consolidated.] J. Rickman finds that the juvenile court improperly ordered the Department of Family and Children Services to pay rent to the child's foster mother as a sanction for failing to make reasonable efforts to effectuate the child's permanency plan. The juvenile court entered its order 15 days after the child turned 18 and therefore lacked jurisdiction over her dependency case. Vacated.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: August 4, 2023, Case #: A23A0968, Categories: family Law, Jurisdiction, juvenile Law
J. McMurdie finds a juvenile court improperly determined that a 14-year-old child is a dependent of plaintiff, his alleged father. The department of child and safety argued that the alleged father refused to care for the child after the mother abandoned her children, and that he failed to take the opportunity to obtain a paternity test. However, the lower court erred in adjudicating the child as a dependent before establishing his alleged father's paternity. Remanded.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: June 27, 2023, Case #: 1 CA-JV 22-271, Categories: family Law, juvenile Law
J. Poissant finds that the juvenile court properly transferred the individual's case to the criminal district court for prosecution on the charge of aggravated sexual assault of his former stepsister. There was sufficient evidence to support the necessary findings for a waiver of the juvenile court's jurisdiction, specifically that the individual "could not be prosecuted in juvenile court before he turned eighteen years of age due to reasons beyond the control of the State of Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-23-00141-CV, Categories: family Law, Jurisdiction, juvenile Law
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