CONCORD, N.H. (AP) - The New Hampshire Supreme Court says a circuit court judge was wrong to rule a state law mandated the closing of a child protection case.
The high court on Thursday reversed and remanded the decision for further proceedings.
The judge presided over a case dating to 2014 in which the Division of Children, Youth and Families alleged a mother neglected her child through drug use. In 2016, the judge found the division failed to meet its burden of proof for terminating her parental rights. Follow-up hearings were scheduled.
At one point, the judge closed the case and gave guardianship to the state, saying the Legislature determined guardianship should be awarded when a termination proceeding fails, but a substitute is needed for parental care.
The division argued the case should stay open and petitioned the supreme court.
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