In re Interest of Carmelo G.

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The State filed a petition against Mother and Father alleging that Child lacked prenatal care due to the fault or habits of Mother and Father. The juvenile court filed an ex parte order granting the State’s motion for temporary custody of Child with the Department of Health and Human Services (DHHS). More than eight months later, the juvenile court entered an order ordering that Child remain in the temporary custody of DHHS until further order of the court. The Supreme Court vacated the juvenile court’s order, holding that Mother’s procedural due process were violated by the unreasonable delay of more than eight months between the filing of the ex parte order for immediate temporary custody and the filing of the protective custody order. View "In re Interest of Carmelo G." on Justia Law