State ex rel. H.S. v. Honorable J.D. Beane

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The Supreme Court granted the writ of prohibition sought by Petitioners, the foster and designated preadoptive parents of the minor child T.C., to prevent the enforcement of an order of the circuit court granting visitation with T.C. to Respondents, who were the child’s paternal grandmother and paternal aunt.In this ongoing abuse and neglect proceeding, the circuit court ordered that Respondents would receive supervised visitation with T.C. The court recognized Petitioners as persons entitled to notice but refused to stop Respondents’ visitation. Petitioners then filed the instant petition for a writ of prohibition. The Supreme Court granted the writ, holding that because Petitioners were not afforded the requisite notice and meaningful opportunity to be heard prior to the circuit court granting visitation to Respondents, the circuit court exceeded its legitimate powers and committed clear error as a matter of law. View "State ex rel. H.S. v. Honorable J.D. Beane" on Justia Law