Hines v. Caldwell
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The case revolves around a custody dispute involving a minor child, J.B., born in March 2021. J.B. was placed in the custody of foster parents, John and Amy Caldwell, by the Mississippi Department of Child Protection Services (CPS) in June 2021. In October 2022, J.B.'s maternal great aunt, Wanda Hines, expressed interest in adopting J.B. Subsequently, the foster parents filed a petition for adoption in March 2023. In response, the relatives filed a motion to intervene and dismiss the adoption proceeding. CPS also filed a motion to dismiss, alleging that the foster parents violated their foster contract by pursuing an adoption action. The chancellor granted the relatives' motion to intervene and appointed a guardian ad litem to make a recommendation regarding the child’s best interest.
The DeSoto County Chancery Court granted the foster parents durable legal and physical custody of J.B. in a temporary order until the final hearing on the merits of their adoption petition and dismissed CPS without a hearing. The relatives and CPS appealed this decision.
The Supreme Court of Mississippi reversed the chancery court's decision, ruling that the chancellor erred by awarding permanent relief without a hearing. The court held that divesting and dismissing CPS from the case is permanent relief, which cannot be done without a hearing, even under the guise of a temporary order. The court also noted that durable legal custody is not an appropriate award after a termination of parental rights. The case was remanded for further proceedings.
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