In re Adoption/Guardianship of Dustin R.

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Dustin R., who was born in 1992, has lived in a foster home since 1995. Guardianship was granted to the Department of Social Services. Dustin is medically fragile and has special needs. In 2010, Dustin began to seek the provision of services for himself after age twenty-one. In 2013, the Department of Health and Mental Hygiene (DHMH) consented to co-commitment. The parties, however, continued to debate Dustin’s request that services continue after his twenty-first birthday after the guardianship terminates. The juvenile court ordered DHMH to continue to provide services to Dustin after the age of twenty-one. DHMH appealed. The Court of Special Appeals dismissed the appeal, concluding that the juvenile court’s order was not a final, appealable order. The Supreme Court reversed, holding (1) the juvenile court’s order is appealable as an interlocutory order granting an injunction; (2) the juvenile court had jurisdiction and statutory authority to order DHMH to enter into a plan to obtain “life-sustaining services” for Dustin to continue after he reached age twenty-one; and (3) the juvenile court did not violate the separation of powers in the instant case. View "In re Adoption/Guardianship of Dustin R." on Justia Law