Supreme Court of Alabama
Ex Parte Marshall County Department of Human Resources (in Re: Marshall County Department of Human Resources v. J.v.)
March 31, 2017233 So. 3d 345
Summary
The Supreme Court of Alabama granted the Department of Human Resources' petition for a writ of mandamus, vacating the juvenile court's April 3, 2016 order that transferred legal and physical custody of J.J.V. to her father. The Court held that the juvenile court abused its discretion by failing to hold a hearing on new evidence concerning the child’s safety and may consider such evidence in a modification proceeding. Accordingly, the transfer of custody was set aside.