References to -- Appeals

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Marina
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References to -- Appeals

Postby Marina » Mon Jun 19, 2006 8:49 am

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According to Child Welfare Information Gateway, what to expect in an appeal depends on

the TYPE of appeal,
and also on the COURT ORGANIZATION of your particular locality.

Chapter 4
The Juvenile Court Process

http://www.childwelfare.gov/pubs/userma ... erfour.cfm

Appeals

Parents and CPS have the right to appeal some decisions of the juvenile court in child abuse and neglect and TPR cases. At the very least, the right to appeal attaches at the conclusion of any

adjudication,
disposition,
or TPR trial.


Some States may allow appeal from other trial court orders or decisions, but generally, only final decisions are appealed or accepted for appellate review.

Appellate courts decide cases based on the written record, or a videotape in some locations, from the trial court. They examine the record and determine whether:

The trial judge abused his or her discretion in finding the facts;

The facts support the judge's conclusions of the law;

The judge correctly applied the law to the facts.



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Chapter 2
The Court System and Child Protection

http://www.childwelfare.gov/pubs/userma ... chaptertwo.
cfm

How courts are organized and how they divide their caseloads vary widely by State and even within a State.

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Example of "Petitions for Appeal"

Petition for Appeal- Mary Beth Davis
http://www.msbp.com/marybeth.htm

"IN CONCLUSION

The State totally failed to show a crime was committed. The State could not explain how any insulin. or combination of insulins could reproduce the symptoms in Seth Davis. The State could not show how caffeine could be administered and not be vomited. The State could not produce a product name or manufacturer that produced a time-release caffeine capsule. Without a murder weapon to inflict the harm, or an explanation as to its use, Marybeth Davis is entitled to a directed verdict of acquittal."
Last edited by Marina on Wed Feb 28, 2007 6:43 am, edited 3 times in total.

Marina
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Postby Marina » Thu Jun 22, 2006 8:00 pm


Marina
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Postby Marina » Thu Jun 22, 2006 8:04 pm

Issue of Appeals



Present: Judges Elder, Beales and Senior Judge Willis


RICHMOND DEPARTMENT OF SOCIAL SERVICES
MEMORANDUM OPINION*v. Record No. 2261-05-2 PER CURIAM JUNE 13, 2006 PETERSBURG DEPARTMENT OF SOCIAL SERVICES1

FROM THE CIRCUIT COURT OF THE CITY OF PETERSBURG Pamela S. Baskervill, Judge
(Sarah M. Denham, Assistant City Attorney, on brief), for appellant.
(Joan M. O’Donnell; James R. Traylor, Guardian ad litem for the infant child, on brief), for appellee.

http://www.courts.state.va.us/opinions/ ... 0richmond'
Last edited by Marina on Sun Jul 30, 2006 12:17 pm, edited 1 time in total.

Marina
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Postby Marina » Thu Jun 22, 2006 8:11 pm

John GULLICK v. ARKANSAS DEPARTMENT of HUMAN
SERVICES

95-830 ___ S.W.2d ___

Supreme Court of Arkansas
Opinion delivered November 4, 1996


http://216.109.125.130/search/cache?p=e ... 1&.intl=us

Marina
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Postby Marina » Thu Jun 22, 2006 8:18 pm

In Interest of A.H., No. 1-99-0656
1st District, March 28, 2000
SECOND DIVISION

IN THE INTEREST OF A.H.,
A Minor.

D. JEAN ORTEGA-PIRON, GuardianshipAdministrator of the Department of Children and Family Services,

Appellant.
Appeal from the Circuit Court of Cook County, Illinois, Juvenile Justice and Child Protection Department, Child Protection Division.

No. 98 JA 03690

The Honorable Candace J. Fabri, Judge Presiding.



http://216.109.125.130/search/cache?p=e ... 1&.intl=us

rac
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Postby rac » Thu Jun 22, 2006 9:01 pm

Thank You for this info on appeals my husband and I are going to be filing appeal paperwork in the near future.

Marina
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Postby Marina » Fri Jun 23, 2006 4:49 am

You are welcome.

This was not an organized search, but these random searches seem to bring up a range of issues to be aware of, which I think are very interesting.

Maybe you could do your own search for:

your state + appeal + whichever hearing + your particular issues

Marina
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Appeals: Courts vs. agency

Postby Marina » Wed Jun 28, 2006 6:56 am

Appeals: Courts vs. agency

Your Client Has Been Indicated For Child Abuse - Now What
By Judy L. Hogan


http://www.dcba.org/brief/decissue/2000/art51200.htm

"So, how do you "defend" a client who has been "indicated" by the Department of Child and Family Services ("DCFS") for child abuse or neglect? First and foremost, distinguish between DCFS "indicating" your client for abuse or neglect and the state’s attorney’s office filing a petition in juvenile court or pursuing criminal charges against your client. These are three separate processes with three separate outcomes, all requiring different burdens of proof and all applying different laws."

Marina
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Issue of administrative appeal, vs. a court appeal

Postby Marina » Sat Jul 01, 2006 3:15 pm

Issue of administrative appeal, vs. a court appeal (expungement)

:v.:NO. 1443 C.D. 2001:Department of Public Welfare,:
:Submitted: December 21, 2001Respondent:BEFORE:HONORABLE DORIS A. SMITH-RIBNER, JudgeHONORABLE JAMES R. KELLEY, Senior Judge1HONORABLE JESS S. JIULIANTE, Senior JudgeOPINION BY SENIOR JUDGE KELLEYFILED: April 10, 2002

http://216.109.125.130/search/cache?p=t ... 1&.intl=us

Marina
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Postby Marina » Mon Jul 03, 2006 2:48 pm

HHS Child Welfare Policy Manual
2.1B CAPTA, Assurances and Requirements, Appeals


http://www.acf.hhs.gov/j2ee/programs/cb ... ?citID=165

Marina
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Postby Marina » Thu Nov 09, 2006 7:41 pm

http://www.falseallegations.com/cps-dss-minnehan.htm

Excellent information -- read all

Minnehan v. Dept. of Social Services

Memorandum and Decision on
Cross Motions for Judgment on the Pleadings

...if it determines that the substantial rights of any party may have been prejudiced because the [DSS] decision is--

(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of the agency; or

(c) Based upon an error of law; or

(d) Made upon unlawful procedure; or

(e) Unsupported by substantial evidence; or

(f) Unwarranted by facts found by the court on the record as submitted or as amplified under paragraph (6) of this section, in those instances where the court is constitutionally required to make independent findings of fact; or

(g) Arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law.

Marina
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Postby Marina » Sat Apr 07, 2007 5:49 am

Virginia

"On appeal from the decision of an administrative agency,"

http://www.courts.state.va.us/opinions/ ... 413062.pdf

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Postby Marina » Fri Feb 05, 2010 12:01 pm

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On the VA courts website, there is a whole section on cases accepted for Appeals.

Scanning through the list shows the kinds of "errors" you might find. There doesn't seem to be a search option. A search of your state court website, using the term

"appeals granted" + child

might be a good place to start. The results would have a docket case # for current cases.




For example, here is one.

http://www.courts.state.va.us/opinions/ ... 216042.pdf

Assignments of Error
1.The trial court erred in refusing to dismiss the charge of involuntary manslaughter against Noakes because her acts did not rise to the level of criminal negligence nor could she have anticipated the unforeseeable acts that would be performed by the child while inside the crib.



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