Dept. of Human Services v. S. M.

Mother and father are the parents of eight children, who ranged in age from one to ten years old when this case began. After a neighbor notified DHS about the conditions in parents' home, a DHS caseworker checked on those conditions, spoke with parents, and also spoke with the children. DHS filed a petition with the juvenile court, alleging that the children were within the court's jurisdiction because the "condition or circumstances [of the children were] such as to endanger [the children's] welfare or others[' welfare]." The juvenile court took jurisdiction over parents' children and appointed DHS as the children's legal custodian and guardian while the children were wards of the court. The question before the Supreme Court in this case was whether the legislature gave DHS, in its capacity as either the children's custodian or their guardian, authority to have the children immunized against common childhood diseases. Both the trial court and the Court of Appeals held that the legislature gave DHS that authority. The Court allowed parents' petition for review and affirmed the Court of Appeals' and trial court's judgments. View "Dept. of Human Services v. S. M." on Justia Law