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.

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Mar 22, 2019
Whether one has anticipated a divorce or not, the process is far from easy. Even for those that intend on proceeding amicably, issues can arise that ignite emotions and cause tremendous stress. As such,…
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Feb 25, 2019
In the context of “crimes” and other offenses, traffic violations might seem petty. Yet, the truth is—a wide range of traffic-related offenses have the potential to produce serious consequences for those…
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Jan 28, 2019
Given the number of police and crime dramas on television, not to mention the live-action footage of arrests and police interrogations, many people are aware of statements known as Miranda Rights. For…
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Dec 27, 2018
In referencing an automobile collision that occurred in May of 1995, FindLaw discusses elements of the Family Purpose Doctrine and the idea of “vicarious liability.” In essence, if the owner of an automobile…
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