In the Interest of E.M.

Summary

The Mississippi Supreme Court reviewed a Hinds County Youth Court order placing an abused child with a relative after two adjudications of physical abuse. The court held that the evidence did not support relative placement, particularly given the child’s prior injuries while in family care and the recommendations for therapeutic foster care. The judgment was reversed and remanded for a hearing and placement in appropriate foster care.

Holdings

1. The timeliness issue was moot because the guardian ad litem filed the notice of appeal within the applicable period, the record and transcript were not available until February 23, 2001, and the court granted an extension making the April 20, 2001 brief timely.
2. The youth court erred in placing E.M. with her great-aunt. A relative does not have a preferential right to custody over unrelated parties when relative placement would be contrary to the child's best interests, and the evidence required placement in appropriate foster care.

Questions Presented

1. Whether the guardian ad litem timely perfected the appeal and filed the appellant's brief.
2. Whether the youth court erred by placing E.M. with a relative after two adjudications of physical abuse and evidence that E.M. and her brother had been injured while in relative care.

Disposition

reversed_and_remanded