guardianship and hearings

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Marina
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guardianship and hearings

Postby Marina » Thu Jun 22, 2006 8:26 am

Researching references to -- guardianship + hearings

http://www.childwelfare.gov/permanency/guardianship.cfm

Guardianship
Last edited by Marina on Tue Oct 31, 2006 11:46 am, edited 2 times in total.

Marina
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Postby Marina » Thu Jun 22, 2006 8:27 am

NORTH CAROLINA

IN THE MATTER OF:
E.C.

http://www.aoc.state.nc.us/www/public/c ... 0218-1.htm

Conclusion

The trial court did not err in awarding guardianship to Ms. Pointer. We affirm the trial court's conclusion that the child is neglected. The trial court erred in awarding visitation between respondent and the child at the discretion of Ms. Pointer. We vacate those portions of the trial court's order awarding visitation and finding the child dependent, and remand for proceedings regarding visitation and dependency consistent with this opinion.
Last edited by Marina on Thu Oct 26, 2006 5:01 pm, edited 1 time in total.

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Postby Marina » Thu Jun 22, 2006 8:44 am

deleted
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Postby Marina » Thu Jun 22, 2006 8:49 am

Colorado
In the Interest of D.R.W., and Concerning J.R.J.

http://www.cobar.org/opinions/opinion.c ... ionID=4465

"Thus, long-term placement or legal guardianship with a relative is not a viable less drastic alternative if the child needs a stable, permanent home that can be assured only by adoption." People in Interest of M.B., supra, 70 P.3d at 627.

Here, the trial court specifically considered custody in the child’s grandmother without termination. The court determined, however, "that such an order would only create uncertainty and serve no purpose for [the child]," would not serve his needs or improve his behavior, and would only cause problems for his caregiver and aggravate the child’s own problems.
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Postby Marina » Thu Jun 22, 2006 8:56 am

NORTH CAROLINA
In re: Forsyth County J.D.C.

On 23 May 2003, Respondent moved to regain legal and physical custody of her minor child, J.D.C., who was in legal custody of the Forsyth County Department of Social Services(“DSS”) and under the guardianship of J.D.C’s grandparents, Perryand Judy Smith. The Smiths filed a response and motion to dismiss. On 2 December 2003, Judge Lisa V.L. Menefee ordered that legal custody and guardianship of J.D.C. remain with the Smiths. Respondent appeals. For the reasons discussed below, we reverse and remand.

http://www.aoc.state.nc.us/www/public/c ... 0615-1.pdf
Last edited by Marina on Thu Oct 26, 2006 5:09 pm, edited 1 time in total.

Marina
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Postby Marina » Thu Jun 22, 2006 9:04 am

Illinois , DAB No. 1516 (1995)

"Illinois submitted a court information sheet of the Illinois Department
of Children and Family Services specifying the "date of hearing" as
January 11, 1991 and indicating that a hearing to consider adoption or
private guardianship had been scheduled..."

http://www.hhs.gov/dab/decisions/dab1516.txt
Last edited by Marina on Thu Oct 26, 2006 5:13 pm, edited 1 time in total.

Marina
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MI- Rights of non-offending parents

Postby Marina » Thu Jun 22, 2006 9:35 am

MI- Rights of non-offending parents

http://www.michbar.org/journal/pdf/pdf4article979.pdf

- - - - - - - - - - - - -

"Under Michigan law, a court can obtain temporary custody or
jurisdiction over a child once one parent is found to have neglected
the child, even if the other parent did nothing wrong.
The practice of assuming jurisdiction over a child solely on the basis of the wrongdoing of one parent raises serious constitutional concerns. One of the flaws in the child welfare system is the system’s reluctance to allow children in its grasp to return
to the care of parents, particularly those who did nothing wrong."


"The state argued that proof that an unmarried
mother of a child was dead was enough to separate the father
from his child and that the father could seek to prove his fitness by
initiating guardianship or adoption proceedings.

(Search document for word "guardianship."
Last edited by Marina on Thu Oct 26, 2006 5:19 pm, edited 1 time in total.

Marina
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Postby Marina » Thu Jun 22, 2006 9:48 am

State of Nebraska, appellee,
v. Shawna L., appellant.
In re Interest of Shelby L.

http://www.ncpa.ne.gov/ctopinio/A02-900.htm


"Clark testified that when Shelby resided with Shawna, Shawna was not supposed to seek medical care for Shelby unless previously authorized by Shawna's caseworker. Clark testified that a quarter of the time, Shawna took Shelby to doctors without the required consent. "

ASSIGNMENT OF ERROR
Shawna's sole assignment of error on appeal is that the trial court erred in modifying the dispositional plan for Shelby by changing the primary permanency plan to guardianship with Jeff and Tina rather than reunification with Shawna.
Last edited by Marina on Thu Oct 26, 2006 5:56 pm, edited 1 time in total.

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Postby Marina » Thu Jun 22, 2006 9:56 am

A.G., Minor Child, A.S., v. TERNUS, Justice.
[1] IN THE SUPREME COURT OF IOWA

[46] The juvenile court erred in denying A.S.'s petition to intervene in the dispositional phase of the CINA proceeding involving her granddaughter. Although we hold A.S. should be allowed to intervene, we express no opinion on her suitability to serve as guardian or custodian of her granddaughter.

http://www.parentsrights.org/states/ia/ia12297.html
Last edited by Marina on Thu Oct 26, 2006 6:00 pm, edited 1 time in total.

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Postby Marina » Thu Jun 22, 2006 5:00 pm

Private Guardianship

In re V.M. and M.M., Minors,
Illinois

http://www.state.il.us/court/opinions/A ... 013434.htm

The juvenile court entered an order transferring guardianship to the paternal grandparents of the minors and closing the case. L.C. seeks review of whether the trial court's permanency goals and final order were against the manifest weight of the evidence. For the reasons set forth below, we affirm.
Last edited by Marina on Thu Oct 26, 2006 6:03 pm, edited 1 time in total.

Marina
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private guardianship- curriculum manual- NJ?

Postby Marina » Thu Jun 22, 2006 5:19 pm

private guardianship- curriculum manual- NJ?

http://www.uic.edu/jaddams/college/kinc ... /unit4.pdf

Convening the Kinship Network


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