Mother and Child Reunion: Wins in Juvenile Court

A few weeks ago my co-counsel James Hardy and our clients (we each represented one of the parents in our case) prevailed in a consolidated Order of Temporary Custody (OTC) and Neglect trial in juvenile court. The state had sought an OTC to keep the clients’ child out of their care and also an adjudication of neglect. The child, who is an infant and was born a few months ago, did not go home from the hospital with the clients following a temporary hold. The clients decided to assert their rights to trial and hold the state to its burdens. Following two half-days of trial and closing arguments, the trial court held that the state did not meet its burdens an ordered the child returned. After additional post-trial motions, the child went home with the parents a week and a half ago. The case is not over–the state appealed and there are issues to deal with until the appeal is decided–but the child is home and the family is together.


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