In re E.G. and K.B.

268 N.W.2d 420 (1978)

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In re E.G. and K.B.

Minnesota Supreme Court
268 N.W.2d 420 (1978)

Facts

E.G. was an infant when he was adjudicated neglected and placed in the custody of the state (plaintiff). When E.G. was six weeks old, he was placed with a foster family on the agreement that E.G. would be returned to the custody of his birth mother (defendant) if the state or the court found his return to be in E.G.’s best interest. E.G. had lived with the foster family for almost 10 years when his birth mother sought the return of E.G. to her custody, requiring the court to reconsider E.G.’s status as a neglected child. If the court found that E.G.’s birth mother had been rehabilitated and could properly care for him, E.G.’s adjudication as a neglected child would end, and he would return to his birth mother’s custody. The foster parents filed a motion to intervene, and the trial court granted the motion. The birth mother and state filed a petition for a writ of prohibition to prevent the motion from taking effect.

Rule of Law

Issue

Holding and Reasoning (Godfrey, J.)

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