Elwell v. Byers

LUCERO, Circuit Judge.

This case grows out of an avoidable tragedy. Ann and Greg Elwell were in the process of adopting T.S., a young boy who had been in their care almost his entire life. But approximately one month after a *1211complaint of emotional abuse of another child in the Elwells’ care — which all parties agree did not raise concerns for T.S.’s safety or welfare and was subsequently deemed unsubstantiated — state officials withdrew the license allowing the Elwells to care for T.S. and removed him from their home without any advance notice. Despite a state court’s finding that the agency…