معلومات عن Appeals court decides Juvenile Court abused discretion in holding prosecutor and case worker in contempt : Appeals court decides Juvenile Court abused discretion in holding prosecutor and case worker in contempt
CLEVELAND, Ohio An appeals court has overturned a Cuyahoga Court Juvenile Court decision to hold an assistant prosecutor and caseworker in contempt of court for failing to follow a court order.
Juvenile Court Magistrate Eleanore Hilow last year ordered assistant prosecutor Laura Brewster and Amy Bond, a child services worker, fined $100 for not immediately removing a neglected child from his mother after she tested positive for drugs.
The appeals decision, filed last week, called it an an abuse of discretion to hold the pair in contempt for "failing to carry out its unsustainable order."
It's unlawful to predetermine when a child should be removed from a parent or caregiver's custody, according to the opinion.
The Plain Dealer last month highlighted a pattern of contentious decisions involving Hilow and approved by O'Malley. That story followed a decision in which she ordered an infant removed from its mother based on her use of marijuana tea during pregnancy.
Decisions originating with Hilow have now been overturned in at least 10 cases in the past five years, which is a higher rate than other magistrates who hear custody cases.
The 8th District appeals
facebook besthairbuy  court opinion, written by Judge Timothy McCormack, cited an earlier case involving a similar situation where Hilow ordered county workers to immediately remove children from their home based on specific conditions she set.
In that previous case, Hilow granted the county "protective supervision" of over a group of siblings. They were allowed to remain living with their mother in their grandmother's home. However, the magistrate ordered the children be immediately removed from the home if they missed any school.
In the case decided last week, Hilow allowed a child to remain with his mother and to be monitored by county child welfare workers. But she ordered the mother to undergo routine hair follicle drug tested and for her son to be immediately removed if any of those tests indicated she had used drugs.
The mother tested positive for drugs twice following the order. In September 2014, Brewster filed a notice that the mother had violated the magistrate's order.
Hilow then called Brewster's cell phone and said she hoped the child had been removed, according to the county's brief filed in the case.
County attorneys representing Brewster and Bond argued that Hilow's order wasn't clear on who should remove the child or where the child should be placed. It also didn't find that removal was "in the best interest" of the child, which is required by law.
Such orders, the appellate court's opinion said, can't be made based on the threat of future harm or without the ability of parents or caregivers to respond.
وسوم متعلقة بـ Appeals court decides Juvenile Court abused discretion in holding prosecutor and case worker in contempt :