Significant Case Law

Illegal Drug Use While Pregnant is Not Child Abuse

By Nicole Johnson

The Pennsylvania Supreme Court held that a mother’s use of opioids while pregnant is not civil child abuse under the Child Protective Services Law, which carries with it inclusion in a statewide database of child abuse perpetrators.

Incarcerated Parents Must be Allowed to Participate in Entire TPR Hearing

By Nicole Johnson

The Iowa Supreme Court held an incarcerated parent has a constitutional due process right to participate in the entire termination of parental rights (TPR) hearing and the trial court has a responsibility to ensure the parent can respond to the state’s evidence.

Montana Supreme Court Clarifies Reasonable Efforts in Child Welfare Case

By Nicole Goodman Johnson

The Montana Supreme Court overturned a termination of parental rights decision, holding: (1) the child welfare agency failed to make reasonable efforts to reunite the mother with her child; and (2) the agency did not establish by clear and convincing evidence that the mother’s substance use disorder was unlikely to change within a reasonable time.

Children

DC Court of Appeals Reviews Special Immigrant Juvenile Status Requirements

By Cristina Cooper

In a case involving a special immigrant juvenile status determination for a youth, the D.C. Court of Appeals reviewed the finding of reunification not being viable due to abandonment.