In re I.B.Annotate this Case
This case arose in early July 2012, when the State filed a CHINS (child in need of care and supervision) petition and request for an emergency care order based on concerns about mother’s ability to care for the minor I.B. The parents had a history with Department for Children and Families (DCF); several older children had been previously adjudicated CHINS based on mother’s continuing use of opiates, and their parental rights to the children were ultimately terminated. Father appealed a family court post-disposition order transferring custody of the minor I.B. to the Department for Children and Families (DCF). He argued the court violated his due process rights by: (1) transferring custody without making an express finding of changed circumstances; and (2) applying a preponderance-of-the-evidence standard of proof. The Court of Appeal took these arguments into consideration, as well as whether the order at issue is a final appealable order. The Court concluded that it was, and affirmed.