whateveryparentshouldknow

Hinsley v. Standing Rock Child Protective Servs., No. 07-1435
In an action brought under the Federal Tort Claims Act (FTCA) alleging that defendant-agency negligently placed her half-brother in her home without warning her that he was a child molester, resulting in the sexual abuse of plaintiff’s daughter, summary judgment for defendant is affirmed where the challenged conduct fell within the discretionary function exception to the FTCA.
Cite: No. 07-1435, (U.S. Ct. App. Feb. 5, 2008)
Supreme Court of Texas

In the Interest of D.N.C., No. 07-0621
Petitions for review of a court of appeals ruling reversing a parental rights termination order on factual insufficiency grounds, and reversing a conservatorship appointment, are denied where: 1) the only available statutory mechanism for the Department of Family and Protective Services’s appointment was as a consequence of the termination pursuant to Tex. Fam. Code section 161.207; and 2) thus, In the Interest of J.A.J., ___ S.W.3d ___ (Tex. 2007) does not apply, and mother’s challenge to the conservatorship appointment was subsumed in her appeal of the parental-rights termination order.
Cite: No. 07-0621, (TX Supreme Ct. Feb. 8, 2008)
Supreme Court of Texas

In re Angel L., No. B198541
Order terminating parental rights in minor is reversed based on postjudgment events since all parties have expressed a willingness to stipulate to reversal of the judgment terminating parental rights.
Cite: No. B198541, 2007 CK20818 (CA Super. Ct. April 12, 2007)
California Appellate Districts

In re G.S.R., No. B197000
Order terminating parental rights is reversed where the juvenile court made no finding based on clear and convincing evidence that the father is unfit, and the court improperly terminated parental rights based on father’s poverty. Moreover the court should determine whether the Indian Child Welfare Act applies.
Cite: No. B197000, 2008 JD01255 (CA Ct. App. Jan. 8, 2008)
Appeals of Orders of Termination

Everett v. Everett
A North Carolina Court of Appeals reversed the trial court’s order which relieved the State social services agency from facilitating reunification efforts between the minor children and their biological father. The appellate court held that such reunification efforts could not be terminated because the record did not show the efforts were futile.
Cite: No. COA03-316, 2003 WL 22844441 (N.C. Ct. App. Dec. 2, 2003)
When Termination Is Not Required - re: adoption

In some unusual cases, a child may be adopted without any voluntary or involuntary termination of the parental rights of the biological parents.

In a 1985 case in Alaska, the parents of the child wished to retain their parental rights and also allow a third person to adopt the child. The three individuals had shared parental duties. The court decided to allow the adoption, and the child then had three lawful parents, rather than two.

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