In re K.L.

The Supreme Court reversed the "order of permanent placement" entered by the circuit court awarding custody of two children to Uncle and Aunt, holding that the circuit court erred in concluding that, as a matter of law, there exists, in the abuse and neglect context, a relative preference other than the preference afforded to grandparents and siblings.In selecting Children's Uncle and Aunt to be the children's permanent custodians, the circuit court determined that a "blood relative" preference exists in addition to the statutory preferences afforded to siblings and grandparents in abuse and neglect proceedings. Foster Parents appealed, arguing that there does not exist a preference for relatives in addition to the grandparent and sibling preferences established by the legislature. The Supreme Court agreed and remanded this case for entry of an order permanently placing the children with Foster Parents, holding (1) the circuit court erred by finding there exists a blood relative preference and relying on that preference as a basis for placing the children with Aunt and Uncle; and (2) the best interests of the children would best be promoted by allowing them to remain in Foster Parents' home. View "In re K.L." on Justia Law