384 So.3d 1238
Miss.2024Background
- J.B., a minor born March 2021, entered the custody of Mississippi Department of Child Protection Services (CPS) in May 2021 and was placed with foster parents, John and Amy Caldwell.
- The original plan was reunification or placing J.B. with relatives; later, the plan shifted toward adoption or relative custody.
- After termination of parental rights in December 2022, both the foster parents and relatives (James and Wanda Hines) sought to adopt J.B.
- CPS approved the relatives' home for placement in May 2023, and litigation ensued between the foster parents and relatives over adoption and custody.
- The DeSoto County chancellor, after an off-record, informal hearing, awarded durable legal custody to the foster parents and dismissed CPS from the case without a formal hearing or record.
- Both CPS and the relatives appealed, challenging the lack of a proper hearing and the process by which custody was determined.
Issues
| Issue | Hines/CPS Argument | Caldwell Argument | Held |
|---|---|---|---|
| Whether the chancellor erred by divesting CPS of custody and dismissing it without a hearing | Permanent relief (custody change and CPS dismissal) cannot be granted without a formal hearing and on-the-record findings | Urged the chancery court's discretion to modify custody in adoption proceedings | The court reversed, finding permanent relief requires a hearing with evidence and on-the-record findings |
| Appropriateness of awarding durable legal custody post-termination of parental rights | Durable legal custody is not an appropriate disposition after termination of parental rights | Foster parents should have legal, durable custody pending adoption | Durable legal custody is improper post-termination; remand required |
Key Cases Cited
- B.A.D. v. Finnegan, 82 So. 3d 608 (Miss. 2012) (Permanent custody changes require a hearing and on-the-record findings)
- Denham v. Denham, 351 So. 3d 954 (Miss. 2022) (Absence of record of evidence/hearing is reversible error)
- Robison v. Lanford, 841 So. 2d 1119 (Miss. 2003) (Appellate review requires a record of what the chancellor considered)