In the Matter of JP, FH# 2017-0892

Date:
Author:
Nicholas Holahan
Reversed - DCF did not have reasonable cause to remove a Department foster child from the home of the Appellant (an approved pre-adoptive parent). The Department removed the child from the Appellant's pre-adoptive home to place him in a foster home with his sister, determining that this was the best course of action to maintain a strong sibling bond between the two children. The Department's decision to remove the child from the Appellant's home was reversed because 1) the child's Permanency Plan was adoption, yet DCF removed the child from a pre-adoptive home to place him in a non-pre-adoptive placement, acting counter to the stated permanency plan of adoption; 2) there was no evidence that the Appellant could not provide for the child's safety and well-being; 3) the child's continued placement with the Appellant was not a barrier to maintaining a strong sibling bond with the child's sister who resided in a different home; and 4) the child's therapist opined that it would be detrimental for the child to experience another disrupted attachment by being removed from the Appellant's home.
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