In re Mahdjid B. and Aliah B.

by
Respondent-guardian Djamila B. was appointed by a family court as kinship guardian to children Mahdjid and Aliah. Children, Youth & Families Department (CYFD) brought abuse and neglect proceedings against the guardian and the children's biological parents. Prior to seeking adoption for the children, CYFD filed a motion to dismiss the guardian from the abuse and neglect proceedings, arguing the guardian was not an appropriate party to a termination of parental rights proceeding because the guardian was not a parent. The children's court granted CYFD's motion without revoking the kinship guardianship. The Court of Appeals reversed the children's court ruling, holding that the guardian was a necessary and indispensable party to the abuse proceedings. After its review, the Supreme Court affirmed the Court of Appeals' outcome, but on different grounds. The Court held that while kinship guardians were not necessary and indispensable parties to abuse and neglect proceedings, kinship guardians, nonetheless, have a statutory right to a revocation hearing in accordance with the revocation procedures of the Kinship Guardian Act prior to being dismissed from abuse and neglect proceedings. "There is no need for separate filings and hearings in the original family court that appointed the kinship guardian because the children’s court presiding over the abuse and neglect proceeding has jurisdiction over the kinship guardian and the subject matter of the case to make decisions that are ultimately in the best interests of the children. In addition to matters involving the guardian, the children's biological father intervened in this appeal arguing his due process rights were violated because he was not given a fair opportunity to voice concerns in the dismissal of Guardian from the abuse and neglect proceedings. The Supreme Court found it was unnecessary to address the Father's claim in view of its holding on the primary issue. View "In re Mahdjid B. and Aliah B." on Justia Law