R.E.B. v. Dep't of Children & Families
R.E.B. v. Dep't of Children & Families
Opinion of the Court
Appellant appeals a final judgment terminating his parental rights arguing that his procedural due process rights were violated when the trial court held a manifest best interest hearing in his involuntary absence. We agree and reverse.
The trial court held two adjudicatory hearings below. The first hearing, on November 2, 2017, considered only whether there were statutory grounds to terminate *958Appellant's parental rights. The trial court then held a second hearing, on November 9, 2017, addressing whether termination was in the children's manifest best interest and the least restrictive means to protect the children from harm.
Although Appellant and his counsel were present at the first hearing, the trial court did not allow Appellant to attend the second hearing. "So important is the parent-child relationship that the termination of it may be accomplished by the state only with a punctilious regard for the due process rights of the parent." E.A. v. Dep't of Child. & Fams. ,
REVERSED and REMANDED with instructions.
BERGER, LAMBERT, and EISNAUGLE, JJ., concur.
The Department properly concedes error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.