Mississippi Department of Human Services v. S.W.

¶ 36. The circumstances of this case are tragic. This is our second time to consider this case. Because I am of the opinion that the circuit court failed to follow our instructions in Mississippi Department of Human Services v. S.W., 974 So.2d 253, 260 (¶ 22) (Miss.Ct.App.2007), I would reverse and remand this case for further proceedings. The circuit court has the responsibility to decide each element of S.W.’s claim and to issue findings of fact and conclusions of law. In our earlier decision, we instructed the circuit court to explain his factual findings as to the required elements of…