N.H. court reverses judge decision on DCYF child protection case

Published: 3/15/2018 7:13:04 PM
New Hampshire Supreme CourtCourt reverses judge decision on DCYF case

The New Hampshire Supreme Court says a circuit court judge was wrong to rule that a state law mandated the closing of a child protection case.

The high court on Thursday reversed and remanded the decision for further proceedings.

The judge presided over a case dating to 2014 in which the Division for Children, Youth and Families alleged a mother neglected her child through drug use. In 2016, the judge found the division failed to meet its burden of proof for terminating her parental rights. Follow-up hearings were scheduled.

At one point, the judge closed the case and gave guardianship to the state, saying the Legislature determined guardianship should be awarded when a termination proceeding fails, but a substitute is needed for parental care.

The division argued the case should stay open and petitioned the supreme court.

Associated Press

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