Commonwealth v. H.C.

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Justia Opinion Summary

In this dependency, neglect, and abuse proceeding the Supreme Court vacated the order of the court of appeals reversing the family court's decision denying an indigent mother's request for expert funding and finding the child to be a neglected child, holding that the court of appeals lacked jurisdiction.

After the family court made a finding of neglect, the mother failed timely to file her notice of appeal. The family court, however, permitted a belated appeal, citing excusable neglect. In reversing the family court's expert funding decision, the court of appeals found that the mother's due process rights were impacted by her inability to hire an expert. The Supreme Court vacated the court of appeals' order, holding that the court lacked jurisdiction to consider the mother's appeal because the mother failed timely to file her appeal, and there was no excusable neglect in this case.