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Appeals panel weighs whether judge should have held evidentiary hearing before ending post‑termination visits
Summary
At a May 8 appeals‑court oral argument, lawyers debated whether a trial judge erred by modifying an order to end four post‑termination visits between a mother and her child without holding an evidentiary hearing and whether the Department of Children and Families could stop those visits without returning to court.
An appeals‑court panel heard arguments May 8, 2025, over whether a trial judge improperly modified an earlier order to eliminate four post‑termination visits between a mother and her child without holding an evidentiary hearing and whether the Department of Children and Families (DCF) could unilaterally stop those visits.
The issue matters because the panel’s decision could clarify when and how post‑termination visitation orders may be altered, who may cut off visits in the period after parental rights are terminated, and whether a published ruling is needed to prevent unilateral terminations by a custodian such as DCF.
Jean Kaiser, attorney for the appellant mother, asked the panel to reverse the trial court’s modification and remand for an evidentiary hearing. Kaiser told the judges that “the trial judge failed in her duty to obtain an accurate understanding of the child's current best interest regarding post termination visits,” and argued the trial judge relied on…
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