In re M.M.

The Department of Children and Family Services sought to remove a minor from the home of his foster mother, who intervened in the matter and sought a hearing on the necessity and appropriateness of the move. The trial court initially stayed the removal to allow briefing and a hearing on the issue, but subsequently lifted the stay before the hearing was conducted. Intervenor appealed the trial court’s decision to lift the stay. The appellate court vacated the lifting of the stay and remanded for further proceedings, finding that where there were no safety concerns the trial court should have stayed the removal and conducted a full hearing prior to lifting the stay. (McLAREN and BIRKETT, concurring)