In Re: N. A., I. A., C. P. and M. P.

In 2009, a petition for abuse and neglect was filed in circuit court regarding N.A, I.A, C.P. and M.P. The petition was filed against the children's biological mother and their maternal grandparents, all of whom were alleged to have care and custody of the children as they all resided at the grandparents' home. The petition was based on allegations of domestic abuse between the mother and grandfather in the presence of the children. At an adjudicatory hearing, the circuit court found that the children's mother had neglected her children. The circuit court ordered that the Department of Health and Human Resources retain legal custody of the children while physical custody remained with the grandparents so long as the mother had no contact with them. DHHR found that the grandparents consistently violated the "no-contact" order of the court. The children were eventually placed in foster care. "Joshua G." was listed on the petition, but was not accused of any abuse. Joshua was the biological father of M.P. He petitioned the court for sole custody of M.P. The court denied his request. Among the issues all parents brought on appeal were whether the circuit court erred by (1) denying Joshua custody of M.P.; and, (2) denying the grandparents' request for physical custody of all the children. The Supreme Court declined to rule on the issues presented on appeal. Rather, the Court remanded the case for additional hearings at the circuit court. The Court considered that though the record reflects the extent to which the children were abused, it acknowledged that the children still have strong bonds with their grandparents. "It is imperative . . . that the circuit court focus on whether such continued contact [with the grandparents] is in the best interest of the children." The Court advised DHHR to develop a permanency plan for the children so that the siblings remain together. "The lower court faces a Herculean task of requiring wisdom, compassion and the strength to protect the children to the greatest degree possible from physical and emotional harm, and to create stability and safety."