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

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…
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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…
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Jun 13, 2018
When children carry out criminal acts, police officers maintain discretion as to how they are handled. For instance, the child might be issued a warning, or he or she might be held and then released to…
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May 24, 2018
Contrary to contested divorces in which there are often disputes and disagreements pertaining to division of property, child custody or spousal support, uncontested divorce is a straightforward process.…
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