The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.
Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm
The case involves the grave risk of physical harm exception to a child’s wrongful removal from their country of habitual residence.
Only Some Factual Findings Made: Custody Removal Order Vacated
The trial court in this child-welfare case did not make all the factual findings necessary to remove the minor child from her parents’ custody and, as a result, the removal order must be vacated.
Evidence Was Sufficient To Remove Children From Father’s Custody
The trial court properly ordered that the children be removed from their father’s custody because there was sufficient evidence of the father’s alleged “roughhousing”.