The "single dad," identified only as M.T., likes to walk around his adopted sons naked. But never fear, the Utah Court of Appeals assures us that this is not "neglect" though it may be "troubling." And the fact that one of the adopted sons has "behavioral issues" and was already in state custody isn't anything we should bother our pretty little heads about either.
Are judges complete idiots???
http://www.sltrib.com/news/ci_12744977
Naked father not neglectful, says appeals court
Walking around naked in front of your children doesn't necessarily mean you're a neglectful parent, according to the Utah Court of Appeals.
A three-judge panel of the court on Thursday reversed a finding by a 3rd District Juvenile Courtjudge that a father was neglectful for being naked in his home in front of two adoptive sons.
According to court records, the single father, identified as M.T., was arrested last year on two counts of lewdness with a child and dealing in materials harmful to a minor. A judge issued an order preventing the man from having contact with his sons.
One boy was removed from the home by the Division of Child and Family Services after the father was released from jail three days after his arrest. The other son already had been in state custody for behavioral issues when his father was arrested.
The state filed a request for a finding that the children had been neglected and an order that DCFS retain custody, which was granted by Judge Andrew Valdez. The father appealed.
The appeals court judges, while agreeing that M.T.'s conduct was "troubling," noted there was no explanation of the circumstances of the father's arrest. Without those facts, they said, the records does not support a finding of neglect.
Under the ruling, the boys will remain in state custody. The appeals court sent the case back to juvenile court for the entry of an order finding the children are "dependent" -- meaning they are without proper care. A dependency finding does not require a judge to find that a parent is at fault.
The father agreed that the dependency order was appropriate, court records say.