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Appeals court hears challenge to parental‑termination order citing disputed toxicology evidence
Summary
A mother appealed termination of parental rights, arguing the Department of Children and Families relied on a mistyped or misleading toxicology report (fentanyl vs. norfentanyl) and that reliance on unreliable or false evidence undermined the judgment; the department and child counsel argued longstanding neglect and repeated substance misuse support the outcome.
In Department of Children and Families v. Mother the appeals panel heard argument over whether the termination of parental rights rested on unreliable or false evidence and whether that error requires reversal.
Appellate counsel Lucas Newbill told the justices the department submitted a court update report to the probate court that stated the mother tested positive for fentanyl when, according to supporting laboratory subtesting in the same record, only norfentanyl…
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