In re Guardianship of K.W.

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The Supreme Court vacated for want of subject-matter jurisdiction a family court order granting permanent guardianship of three children to their maternal grandparents.This case was originally removed to family court to circuit court because the preceding petition for temporary guardianship was based on allegations of abuse and neglect. However, contrary to the Rules of Practice and Procedure of Minor Guardianship Proceedings and the Rules of Practice and Procedure for Family Court, the circuit court remanded this case back to family court to proceed as a guardianship case rather than an abuse and neglect case. The Supreme Court held that because the allegations of abuse and neglect were substantiated, the circuit court erred in concluding that a then-temporary guardianship order negated the need for the abuse and neglect petition and therefore erred in remanding the matter to family court. View "In re Guardianship of K.W." on Justia Law