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In the Matter of KM, FH# 2018-0398

Date: 
06/26/2018
Author: 
Antonia Chronis, Esq.

Affirmed - The decision to remove the child from the appellant’s home and place them in kinship care was upheld. Department did not act unreasonably/abuse its discretion because the burden of proof of the appellant was not met; even though the kinship family created an increased health risk by smoking in the presence of an asthmatic child and the birth mother wanted the child to stay with the appellant. There is a departmental preference for kinship care, and the clinical decision of a trained social worker was heavily relied on in determining whether kinship care was appropriate.

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