In re Jewelyette M.

Summary

The court held that the governing statute does not bar a foster parent from seeking permissive intervention during the dispositional phase of a neglect proceeding, and it overruled contrary precedent. It also held that an eligible foster parent's statutory right to be heard ordinarily includes attending the proceeding and commenting at an appropriate time on the evidence concerning the child's best interests, subject to reasonable restrictions for good cause. The court therefore restored the foster parents' intervenor status, vacated the revocation decision insofar as necessary, and remanded for a new hearing. Justice Mullins, joined in part by Justice Alexander, concurred in part and dissented in part regarding the scope of the right to be heard; Justices Elgo and D'Auria dissented, with Justice D'Auria principally arguing that the matters had become moot.