Monday, January 23, 2006

Family Law

S.C. v. State (In re O.C), 2005 UT App 563.

The court of appeals upheld a juvenile court decision to remove a child from its prospective adoptive mother's custody. The juvenile court found that the mother had neglected one of her other children (she allowed one of her children to be abused by her husband and did not seek prompt medical treatment). It thus ruled that O.C. was a neglected child who needed to be removed from the home.

Although the mother claimed procedural due process violations, the court of appeals refused to decide what due process a prospective adoptive parent deserved because the mother received the same due process a regular parent. The court of appeals also held that the mother was an offending parent, and thus not entitled to reunification services.


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