K.M., the father, Appellant, v. DEPARTMENT OF CHILDREN FAMILIES GUARDIAN AD LITEM (2020)

The Department removed the child, O.M., from the mother based entirely on injuries sustained by O.M.’s half-sibling, A.M. After the trial court denied termination of parental rights as to the half-sibling, the trial court dismissed the dependency proceedings against O.M. and returned the child to the mother. On appeal, O.M.’s father, K.M., claims that his due process rights were violated. We disagree and find that no violation of due process occurred. K.M. was notified of all hearings and participated in the proceedings below. Further, O.M. was taken from the mother and not K.M., who lived out-of-state. However, we agree that remand is necessary to correct a scrivener's error in the amended final judgment, which incorrectly named M.M., rather than K.M., as O.M.’s father.¹

Affirmed and remanded.

FOOTNOTES

1.   Our affirmance in no way prejudices or prejudges K.M.’s rights as a father to O.M.

Per Curiam.

Levine, C.J., Gross and Damoorgian, JJ., concur.