V.L.K. v. State

The Department of Family Services filed a petition to terminate Mother’s rights to her son. A default was entered against Mother after she failed to answer the Department’s petition. During a recess in the default termination hearing, Mother provided a signed and acknowledged relinquishment of her parental rights and consent to adoption of her son. The district court entered an order accepting the relinquishment and consent. Mother appealed, arguing that the district court erred in not setting aside the default and in accepting the relinquishment and consent. The Supreme Court dismissed the appeal, holding (1) Mother’s decision to provide the relinquishment and consent rendered any claimed error in declining to lift the default moot; and (2) the order accepting the relinquishment and consent was not appealable. Remanded. View "V.L.K. v. State" on Justia Law