In re Joseph W.
Annotate this CaseThe commissioner of children and families filed neglect petitions with respect to Joseph W. and Daniel W., and the trial court found the children were neglected. At the termination proceeding, the trial court found the father was not a custodial parent and therefore could not contest the issue of neglect. The court then terminated the parental rights of the father and mother with respect to both children. The parents appealed, arguing that the trial court improperly found the father was not a custodial parent. The appellate court reversed, holding that the terminations were premised on improper adjudications of neglect. The Supreme Court then granted the commissioner's petition for certification to appeal. At issue was whether a noncustodial parent is entitled to contest a neglect petition. The Supreme Court held that the father was entitled to contest the neglect adjudication regardless of whether he was a custodial parent and affirmed the judgment of the appellate court on this alternate ground.
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