Abuse, Neglect, and Dependency

97.21 Judges

In Re S.W., COA07-910, Michael E. Casterline
The trial court erred in denying respondent's motion to recuse: first, because the judge had previously heard the matter in civil court and had already made conclusions regarding the status of the child; and second, because the judge had met ex parte with the attorney for DSS to facilitate the filing of a juvenile petition and taking non-secure custody of the child.
COA opinion

In Re S.W., COA07-910, Michael E. Casterline
The trial court exceeded its authority when it ordered the child into the nonsecure custody of DSS during a civil custody hearing and before the issuance of either a petition or a nonsecure custody order.
COA opinion