In re A.J.C.

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In this dependent neglect proceeding, the Supreme Court reversed the district court’s order permanently placing A.J.C. in the primary care of his maternal grandmother and denying the motion filed by the Department of Health and Human Services, Child and Family Services Division to place A.J.C. with Father, holding that the district court violated Father’s constitutional fundamental right to parent.After the Department became formally involved with Mother, it placed A.J.C. in Grandmother’s care. The district court then adjudicated A.J.C. as a youth in need of care. After a hearing to determine a final parenting plan and a permanency plan for A.J.C., the court awarded Grandmother primary residential custody of A.J.C. The Department subsequently moved the court to approve an amended permanency plan in which the Department recommended placement of A.J.C. with Father. The district court denied the motion. The Supreme Court reversed, holding that once Father successfully completed his court-ordered treatment plan and the Department determined Father to be a safe and appropriate placement, the district court unconstitutionally violated Father’s fundamental right to parent by placing A.J.C. with Grandmother. View "In re A.J.C." on Justia Law