In re Interest of DJS-Y v. State

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After the State filed a petition alleging that Mother had neglected her children, the juvenile court entered a consent decree providing that if would be in effect for six months and shall expire and the action be deemed dismissed “if no further action is taken in this matter.” When the consent decree had been effect for six months, and the State hd not taken any additional action, Mother filed a motion to dismiss. The juvenile court denied Mother’s motion to dismiss, granted the State fifteen days to file an amended neglect petition, and extended the consent decree for another six months. After Mother filed a motion of appeal, the children were returned to Mother, and the juvenile court closed the case. The State moved to dismiss Mother’s appeal, asserting that the return of the children to Mother and the closure of the case rendered the case moot. The Supreme Court denied the State’s motion to dismiss, holding (1) an exception to the mootness doctrine applies; and (2) on the merits, the juvenile court was not authorized to extend the expired consent decree under the applicable statutes or pursuant to the decree’s terms. View "In re Interest of DJS-Y v. State" on Justia Law