State ex rel. Dep't of Health & Human Servs. v. Circuit Court (Per Curiam Opinion)
Annotate this CaseIn the underlying abuse and neglect petition, the circuit court adjudicated that respondent parents had neglected their four infant children. The parents then moved for a post-adjudication improvement period. The Department of Health and Human Services (DHHR) and the Guardian ad Litem (GAL) objected. After a hearing, the circuit court granted the parents a six month post-adjudication improvement period. A written order was entered on June 19, 2012. On September 25, 2012, the DHHR and GAL filed a joint petition seeking a writ of prohibition to bar enforcement of the circuit court's order, arguing that the circuit court erred by not allowing evidence of the parents' pre-adjudication neglect and that the parents failed to meet the requisite legal standards for granting a post-adjudication improvement period. The Supreme Court denied the petition for a writ of prohibition, holding that DHHR and GAL failed to demonstrate that the circuit court (1) lacked jurisdiction to grant the parents a six month post-adjudication improvement period, or (2) exceeded its legitimate powers in granting the post-adjudication improvement period.
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