In re Children of Philip M.
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The Supreme Judicial Court affirmed the judgment of the district court finding that Father's children were in circumstances of jeopardy to their health or welfare in Father's care, holding that there was no error in the proceedings below.
On appeal, Father argued, among other things, that the court violated his due process rights in entering the jeopardy order because the matter was initiated due to the failure of the Department of Health and Human Services to continue to pay in a timely manner for the family's temporary housing, which resulted in Father's arrest for criminal trespass. The Supreme Judicial Court disagreed, holding (1) although Father was correct that the Department's delay in payment contributed to the situation, the circumstances upon which the court based its jeopardy finding were well supported in the record; and (2) the court did not err in finding an existing threat of serious harm to the children that necessitated the entry of a jeopardy order.
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