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: Florida Divorce - Child Custody - Domestic Abuse Law

Minnesota Boy Removed from Parents? Home for Two Years ? But Without Termination of Parental Rights ? Because Their First Child was Murdered ? But the Murderer is Not Known

By Janet Langjahr

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Minnesota Boy removed from parents’ home and placed in foster care on a child welfare agency petition alleging that Boy needed protection or services.

Over two years later, still no resolution to Boy’s case.

Boy’s parents have had only supervised visitation with Boy since case began two years ago.

Why?

Boy’s parents’ first child died a death that was ruled a homicide.

But neither parent was ever charged in the death.

No one was charged in the death.

Reportedly because there was insufficient evidence as to which parent, or whether both parents acting together, were the aggressor. Or whether a third party was involved.

At a trial to terminate Boy’s parents’ parental rights, the court did in fact terminate their rights.

On appeal, the intermediate level appellate court reversed the termination due to insufficient evidence.

The Boy’s parents are now seeking his immediate return from foster care.

But the file has to come back from the appeals court first.

Then there is the hair-splitting question of whether the child protection investigation remains open, despite the reversal and closing of the termination of parental rights case.

Arguably an end run around the appeals court. Arguably not.

Read more in this St Cloud [MN] Times article: Custody of boy remains in limbo.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on June 11, 2009 (boomark / email).

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