In re CDR
Annotate this CaseThe child in this case was twelve years old and in sixth grade when an educational neglect case was filed alleging that Father and Mother had “failed or refused to provide adequate education necessary for the child’s well being.” A consent decree was entered pursuant to which the child was to remain in his parents’ custody and the child and parents were to fulfill numerous behavioral and counseling conditions. One of those conditions was that Father and Mother obtain an alcohol/substance abuse evaluation and follow the regimen of treatment recommended. The State later moved to revoke the consent decree due to Mother’s consumption of alcohol. The juvenile court revoked the consent decree and reinstated the neglect proceedings. The Supreme Court reversed and dismissed the case, holding that the juvenile court (1) did not lose jurisdiction over the neglect case after finding that the child’s education problems had been resolved; but (2) erred in concluding that Mother violated the terms of the consent decree by drinking alcohol.
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