Termination of Parental Rights

82.08.b Adjudication Hearing-Delay in Holding Hearing 7B-1109(a)

In Re Dj.L., D.L. and S.L., COA07-31, Jeffrey Miller for appellant-mother
Though mother did show prejudice, the 6-month delay between the filing of the TPR petition and the hearing warranted reversal without a showing of prejudice.
COA Opinion

In Re D.M.M. and K.G.M., COA06-29, Duncan McCormick for appellant-mother
A one year delay between the filing of the TPR petition and the hearing is prejudicial to the respondent-mother.
COA Opinion

In Re V.T. and A.T., COA06-355, Katherine Chester for appellant-mother
A seven month delay between the filing of TPR petition and the hearing is prejudicial to the respondent-mother.
COA Opinion

In Re S.P., COA06-1082, Katherine Chester for appellant-mother
The trial court erred in having the TPR hearing 30 months after the petition was filed.
COA Opinion

In Re D.B. and C.B., COA06-1426, Kate Chester for appellant-mother
The TPR hearing did not commence until fourteen months after the petition was filed and thus prejudiced the mother who had visited regularly and had a good relationship with the children.
COA Opinion

In Re P.P. and M.P., COA07-18, Michael Reece for appellant-mother
The mother appealed the permanency planning hearing and the COA vacated and remanded. No remand hearing was held and, instead, DSS filed TPR petitions. There was a 5 month delay between the filing of the petitions and the hearing. This was prejudicial to respondent-mother since she had already been denied the right to the remand and review hearings.
COA Opinion

In Re C.N. and J.N., COA07-49, Christy Wilhelm for appellant-mother
An 18 month delay between filing of the TPR petition and the hearing was prejudicial to the mother.
COA Opinion

In Re J.Z.M., COA07-353, SCT366A07, Charlotte Gail Blake for appellee-mother
The Court of Appeals' holding that a TPR hearing held 420 days after filing the petition and 330 days after the statutory deadline constituted an egregious violation of statutory timelines was correct and should be upheld.
COA Opinion
SCT Opinion

In Re N.S.P. and J.M.P., COA07-891, Michael Casterline for appellant-mother
The mother was prejudiced by the TPR hearing commencing 207 days after the petition had been filed and the TPR order not being filed until 370 days after the filing of the petition.
COA Opinion