Justia Juvenile Law Opinion Summaries

A daughter was born to Carey and Knight in 2010. The child was hospitalized with a serious illness when she was about a month old. Knight ended his relationship with Carey and removed himself from his daughter’s life. Carey moved into Kilborn’s home when the child was two months old; they married weeks later, including an informal “adoption” ceremony. They held the child out as Kilborn’s “adopted” daughter. Kilbourn actively participated in the child’s life, including providing day-to-day care. The couple discussed formal adoption, but he understood that Knight was unwilling or unable to consent. Kilborn and Carey had two children together. The children were raised as full siblings.Carey’s daughter refers to Kilborn as “daddy.” Kilborn's parents have acted as grandparents to all three children. In 2014, Kilborn sought a divorce and requested that he be declared the de facto father of Carey’s daughter. Carey opposed Kilborn’s request and denied him access to the child, though he had visitation with his biological children. She attempted to reintroduce Knight into the child’s life. The court found, by clear and convincing evidence, that the child’s life would be substantially and negatively affected by Kilborn’s absence and that Kilborn had satisfied his burden of showing that he is the child’s de facto parent. The Maine Supreme Judicial Court affirmed, noting that the Maine Parentage Act, 19-A M.R.S. 1831-1938, will soon take effect and mirrors precedent. View "Kilborn v. Carey" on Justia Law

The father of Woodard’s child died seven months after the child’s birth. There is no evidence that Woodard is an unfit parent. Dorr, the mother of the deceased father, sought court-ordered visitation with Woodard’s child, alleging a sufficient existing relationship between herself and the child, or, in the alternative, that she had made a sufficient effort to establish a relationship, 19-A M.R.S. 1803(1)(B), (C). Before the child’s birth, Dorr attended a baby shower. Dorr was in the hospital on the evening that the child was born—September 3, 2012. Dorr had additional, unspecified contact with the child until Dorr’s son died and Woodard ceased contact with Dorr. Mediation was unsuccessful. Woodard moved to dismiss the petition, arguing that the Act infringes on her fundamental right to govern the care, custody, and control of her child, and is unconstitutional both on its face and as applied. The court dismissed Dorr’s petition, finding that the affidavit did not establish a sufficient existing relationship with the child or a sufficient effort to establish such a relationship, and did not make an initial showing of “urgent reasons” that would justify infringement on the mother’s rights. The Maine Supreme Judicial Court affirmed, finding that Dorr lacked standing, given the lack of “urgent reasons.” View "Dorr v. Woodard" on Justia Law

In 2014, Hailey’s mother petitioned the Cumberland County Probate Court for Hailey’s paternal grandparents to be appointed as guardians so that Hailey could attend school in Freeport. She withdrew the petition weeks later, stating that the arrangement was “for an educational purpose that [was] no longer needed.” .Weeks later, the grandparents petitioned to have themselves appointed as guardians of the child, stating that the child needed a safe and supportive environment and had threatened to run away from her mother’s house. The child began to live with her grandparents in January 2015. The child’s father consented to the guardianship, but her mother did not. The court heard testimony from the child, then 15 years old; her parents; and a clinician who had provided treatment services to the child and her mother, and entered a judgment finding, by clear and convincing evidence, that the mother had created a living situation that was at least temporarily intolerable for the child and that a guardianship with the grandparents was in the child’s best interest; mother had shown an inability to meet the child’s needs that threatened the child. The Maine Supreme Judicial Court affirmed, rejecting challenges to the court’s findings and to the award of a full, rather than limited, guardianship, with no arrangement for transition back to mother’s home. View "Guardianship of Hailey M." on Justia Law

B.V.G., a young woman with intellectual disabilities, has been in the sole custody of her father for many years. He was named her temporary guardian when B.V.G. reached age 18. Her maternal grandfather sought to intervene in B.V.G.'s father's permanent guardianship proceedings, asserting that his relationship with B.V.G. has been restricted by her father, that B.V.G. has indicated expressly her desire to communicate with him and has sought contact with him via social media, and that such a relationship is in B.V.G.'s best interests. Concluding that the grandfather lacked standing because he was not an "interested person" within the meaning of G.L. 190B, 5-306(c), a judge denied the motion. The Appeals Court affirmed the denial, on different grounds. The Massachusetts Supreme Judicial Court reversed, first holding that the grandfather had standing. The statute is intended to provide a means by which an individual interested in the welfare of an incapacitated person can advocate on behalf of that person and the Massachusetts implementation of the Uniform Probate Code encourages a broad right of advocacy in favor of an incapacitated person's protected interest in a limited guardianship. Once a judge has concluded that a proposed intervener is an "interested person," nothing more is required to establish that person's entitlement to intervene. View "Guardianship of B.V.G." on Justia Law

When Mother was about one-month pregnant, she and N.S.’s father were arrested for illegally growing and possessing marijuana for sale in their Hayward home. About two weeks after N.S. was born, they were again arrested for possessing marijuana for sale in their home. The Alameda County Social Services Agency filed a dependency petition alleging that N.S. faced a substantial risk of harm (Welfare and Institutions Code 300(b)). N.S. was placed with a maternal relative who lived in a two-unit building in Union City. Mother moved into the other unit. Visits between Mother and N.S. went well. Mother regularly attended a support group, participated in therapy, repeatedly tested negative for drugs, had no contact with Father, and moved out of the Hayward home, listing it for sale. N.S. had no medical issues and was not alleged to have suffered any physical harm in her parents’ care. The Agency nonetheless recommended that the juvenile court take jurisdiction because Mother had been arrested twice for serious charges. The court sustained the dependency petition, concluding that there was a current risk of harm. While appeal was pending, the juvenile court dismissed dependency jurisdiction, awarding custody to Mother, with supervised visits for Father. The court of appeal dismissed an appeal, noting that Mother suffered no harm as a result of the jurisdictional findings below. View "In re N.S." on Justia Law

Four children were referred to the Mendocino County Human Services Agency, based on neglect. Their mother, who had a substance abuse problem, disappeared for days and left the children with their maternal uncle, Rafael, who was unable to provide adequately for their needs due to disabilities. The Agency had received seven prior referrals for mother and her children, members of the Cloverdale Rancheria of Pomo Indians. The Agency contacted Cloverdale's Indian Child Welfare Act (ICWA), 25 U.S.C. 1901, who stated that Cloverdale Rancheria opposed placement with Rafael. Mother was eventually arrested; the children were taken into protective custody. Rafael indicated that he loved the children and had provided care since they were born. Social workers helped him apply for relative placement. No Indian homes were available. Mother initially requested that Rafael be considered for placement. The children, who were found to have multiple developmental, physical, and emotional problems, were ordered into long-term foster care. The court of appeal affirmed, rejecting Rafael’s claims that he was not given mandatory ICWA notices as an Indian custodian; that active efforts were not provided to prevent the breakup of the Indian family; that the detriment finding was defective; and that he was provided ineffective assistance of counsel. Although the juvenile court failed to promptly investigate his Indian custodian status, any errors were harmless, given that mother revoked the custodianship. View "In re E.R." on Justia Law

A social services agency removed a toddler from his parents’ custody when his mother ran out of medication and experienced a relapse of schizophrenic episodes that involved violent hallucinations of harming their child. The agency was concerned that father was in denial about the gravity of mother’s illness. The law requires a court to decide, at six months, whether a parent has been offered “reasonable services" to aid in overcoming the problems that led to the removal, Welfare and Institutions Code 366.21(e). The agency apparently did not try to diagnose the mother as part of a case plan or help the parents more effectively manage her medication. The agency got court approval for psychiatric examinations, not in order to facilitate reunification services, but to potentially bypass reunification. Mother had a treating psychiatrist, but that individual was not called as a witness. Her social worker did not know if mother was on the right medication; there was no evidence the agency offered services to improve mother’s ability to take her medication as prescribed. The court of appeal reversed the six-month order terminating reunification services and setting a hearing to establish a permanent plan for adoption. No substantial evidence supported findings that adequate reunification services were provided to either parent. View "Patricia W. v. Superior Court" on Justia Law

K.S. was removed from an abusive home at age four. At age five she was placed with Andrea, who adopted her. K.S., has reactive attachment disorder, attention deficit hyperactivity disorder, post-traumatic stress disorder, and a learning disorder, which qualified K.S. for the Adoption Assistance Program. When K.S. was nine a Program assessment identified problems including chronic lying and stealing, aggression, property destruction, enuresis, and sexualized behavior. K.S. carried a knife to school. In ninth grade, she was assaulted. K.S. ran away several times and a suspect in a burglary. After one run-away incident, school staff found a note K.S. had written saying “When you get this I will be dead!” A crisis counselor determined K.S. was not a danger to herself or others. Mother disagreed and felt K.S. should be placed on a psychiatric hold. She refused custody of K.S. Police were called and K.S. was placed in protective custody. K.S. was in foster care for two months. Andrea unsuccessfully requested that the petition be dismissed because she planned to move with K.S. to Sacramento where K.S. would have extended family support. The court of appeal affirmed K.S.’s placement with her biological aunt, rejecting Andrea’s challenges the juvenile court’s assumption of jurisdiction over K.S., and the disposition order. View "In re K.S." on Justia Law

A family member reported to Michigan Children’s Protective Services (CPS) that Barber was neglecting J.B. Miller, a CPS social worker, interviewed J.B. at his public elementary school without a court order or Barber’s consent. Miller interviewed Barber, who defended his marijuana and prescription-drug use as medically authorized. Days later, Miller again interviewed J.B. at school without a court order or parental consent and spoke with J.B.’s paternal grandmother. Miller obtained a court order, placing J.B. in protective custody pending a hearing, Mich. Comp. Laws 722.638, and picked J.B. up from school. After a hearing, the judge found probable cause to support the petition, but returned J.B. to Barber’s custody conditioned on: Barber’s abstaining from marijuana, submitting to drug screening, and ensuring that J.B. has constant adult supervision. Barber sued Miller under 42 U.S.C. 1983 for violating his substantive due process rights by interviewing J.B. without a court order or parental consent; falsehoods in the petition; and removing J.B. from school, and challenged the statute as facially unconstitutional. The Sixth Circuit affirmed dismissal on grounds of absolute and qualified immunity and found that Barber lacked standing for his constitutional challenge to the statute. View "Barber v. Miller" on Justia Law

Appellant, 16 years old when the petition underlying this appeal was filed, had a troubled history. Since 1999, her family has had 36 child welfare referrals from Lake, Shasta, Siskiyou and Solano Counties; it had five voluntary family maintenance cases between 2002 and 2014 but did not fulfill any of the suggested or requested services. Appellant appealed juvenile court orders continuing her as a ward of the court under Welfare and Institutions Code section 602 and committing her to the custody of the probation officer for placement in "New Foundations." She argued: (1) there was insufficient evidence to support the court's finding that she resisted or obstructed a peace officer; (2) the court erred in failing to dismiss the section 602 petition (which she claimed impermissibly increased her maximum confinement time); and (3) the court abused its discretion in terminating her status as a section 300 dependent child and adjudging her a delinquent minor. After review, the Court of Appeal agreed with her first contention and therefore reversed the orders. View "In re Amanda A." on Justia Law