In re S.W.

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In 2010, an abuse and neglect petition was filed alleging that Child’s mother (Mother) was under the influence of drugs while caring for Child. The Department of Health and Human Resources (DHHR) subsequently placed Child in the care of his paternal grandparents (Grandparents). In 2013, the circuit court held a permanency hearing and granted legal guardianship to Grandparents. Thereafter, Mother filed a petition to overturn legal guardianship, asserting that her recovery and continued sobriety constituted a material change in circumstances justifying a modification of the custody of Child. After a hearing held in 2015, the circuit court terminated Grandparents’ legal guardianship and ordered the transfer of Child to Mother. Grandparents appealed. The Supreme Court reversed, holding that there was insufficient evidence in the record indicating that alteration of custody would serve Child’s best interests at this time. View "In re S.W." on Justia Law