In Re Amberley D.

775 A.2d 1158 (2001)

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Nature of the Case

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Facts

W was the mother of Amberley. The child was born on January 19, 1985, and grew up with W and her stepfather, Charles, and two other siblings. Their life was not very stable. Most of the time they stayed in shelters, with friends, or in motels. Amberley eventually stopped going to school in the eighth grade and by that age had been enrolled in 27 different schools. Amberley testified that W was abusing drugs and alcohol, giving them to her and engaging in sex in front of her. Amberley also testified that she had been molested a number of times and W had done nothing. Amberley had run away on two different occasions. She ran away to her boyfriend or her stepfather’s home. Eventually, she went to Charles’ parent’s house. Shortly after her arrival, Diana and Richard, Charles’ parents, filed a petition requesting co-guardianship. The court granted a six-month guardianship. W filed a motion to dismiss, and the court denied that motion. A hearing on full guardianship was held and the court found clear and convincing evidence of a history of abuse, neglect, mistreatment, and living conditions that were intolerable. The court found that Diana and Richard would provide a living situation in her best interests. The court appointed them coguardians under the statute. W appealed contending she had no notice, the court lacked jurisdiction, no clear and convincing evidence was shown, and the statute is unconstitutional. The Probate Court had waived notice of the hearing under 5-207.