R.P. v. Department of Children & Families

R.P. complains that the trial court erred by transferring temporary custody of a minor child, T.P., when there was no emergency present and no advance notice was given indicating that the Department of Children and Families would request the transfer during a hearing scheduled for case plan staffing. No evidence was presented at the hearing that an emergency existed that would have justified the absence of an advance notice.

Courts have consistently reversed temporary custody orders entered without notice, with insufficient notice, or with insufficient opportunity to be heard. See, e.g., Fee…