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

Oct 29, 2018
Taking many forms, fraud is a general term used to describe the deliberate deception of a person by another for his or her own gain. Typically, an individual or entity will resort to fraud in order to…
Read More »
Sep 26, 2018
In the aftermath of a devastating car wreck, some individuals face injuries and impairments that will affect them for the rest of their lives. Unfortunately, many can no longer perform their job duties,…
Read More »
Aug 14, 2018
From scheduling a real estate closing to questions regarding title insurance and attorneys’ fees, as well as checklists for buyers, lenders and mortgage brokers, the process of preparing for a real estate…
Read More »
Jul 11, 2018
While any person with a disability deserves the right to employment, in so much as he or she is able to perform a job, not every limitation is considered a “disability” within the parameters of the Americans…
Read More »