In a child protection motion under the Child and Family Services Act, the child protection agency sought a temporary care and custody order pending disposition of the application, with parental access at the agency’s discretion.
The court considered allegations of parental drug use, domestic violence, and chronic school absenteeism.
While acknowledging reasonable grounds to believe there was some risk of harm due to past illegal drug use, the court found portions of the agency’s evidence—particularly anonymous allegations and claimed falsification of drug screens—lacked credibility or reliability.
The parents had recently provided negative drug tests, engaged in addiction treatment, and cooperated with the agency.
Applying the principle that intervention must be the least disruptive placement consistent with child protection, the court returned the child to the parents subject to a supervision order and strict conditions.
