In re J.A.

MATTHEWS, Chief Justice,

with whom COMPTON, Justice, joins dissenting.

Introduction

On Saturday evening, October 18, 1997, Joseph’s nine-year-old son, J.A., asked Jo*181seph to drive him to a convenience store for a snack. Joseph had been drinking, but he agreed. As Joseph backed out of his parking space he struck a parked car. Joseph was arrested for DWI. Since no one else was at home, J.A. was taken into state custody. Although Joseph was released on his own recognizance an hour after he was arrested, the State kept J.A. in foster care for seven weeks. On December 11, 1997, Superior Court Judge…