R.T. v. State Department of Human Resources

L. CHARLES WRIGHT, Retired Appellate Judge.

In November 1988 two and one-half year old J.T., upon petition of dependency by the Department of Human Resources, was removed from his father’s custody and placed in foster care. In December 1988 the Department of Human Resources (department) filed a petition for temporary legal custody of the child, alleging that the father and the mother (who were divorced) were not capable of caring for the child.

In January 1989 R.T. and M.T., the paternal grandfather and his wife, filed a custody petition with the department. The paternal grandmother and her…