In a dispute arising out of the removal of a child from her foster family and placement with another foster family, based on the Social Services Agency's (SSA) mistaken belief in exigent circumstances requiring removal, the trial court's judgment in favor of the second foster family is affirmed where the court did abuse its discretion under the difficult circumstances presented. Although what happened to the first foster family was wrong, and could have been prevented had regulations and policies been in place allowing the foster parents to promptly challenge the grounds for removal before SSA placed the child with another couple, the court declines to offer guidance on how to avoid similar occurrences in the future, as any guidance would amount to an advisory opinion and would potentially violate the separation of powers doctrine.

Local News and Events

Nov 27, 2017
When one person manipulates or generates false ideas or promises in order to obtain another’s property, this is classified as theft by deception. Without question, theft by deception is an intentional…
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Oct 27, 2017
Given that Georgia’s drug crimes are high and its tolerance for drug possession is low, it’s safe to assume that anyone facing drug charges might end up in prison. However, there are multiple factors to…
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Sep 29, 2017
While many fathers hope to be involved in their children’s lives, some continue to assume that they have limited legal rights to do so. In reality, fathers have the right to become custodial parents, to…
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Aug 25, 2017
As a highly contested topic in criminal law, search and seizure, or “stop and search,” relates to encounters between citizens and law enforcement. At any point, if the stop or the search is carried out…
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