In the Matter of the Parental Rights to X, Y and Z. Ds and Rs, Appellants (respondents Below) v. Department Of…

Summary

The court reversed the termination of DS's parental rights to X and remanded for an order restoring custody. It held that late service of the notice of appeal was not jurisdictionally fatal, that the 1978 order was interlocutory and temporary rather than a final termination, and that termination requires clear and unequivocal proof that abuse or neglect rendered the parent unfit and seriously endangered the child's well-being. The court concluded that the evidence showed shortcomings in care but did not establish legally sufficient abuse, neglect, or parental unfitness.