Department of Social & Health Services v. Hileman

¶1 In any legal proceeding, the parties are entitled to procedural fairness. This includes, at minimum, notice and the opportunity to be heard. In this case, the trial court dismissed a contested dependency action on the basis of the father’s oral motion to dismiss during a shelter care hearing. The motion was made without notice, and was granted without any opportunity for the Department of Social and Health Services (the Department) to be heard. We reverse, vacate the dismissal, and remand.

Ellington, A.C.J.

FACTS

f 2 R.H. is a nine-year-old boy who has been suicidal. He has displayed…