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Click here for the full text of this decision FACTS:William Clifton McElhaney’s child lived with McElhaney’s mother from his infancy until he was roughly 5 yeas old. When McElhaney’s mother died, the child went to live with McElhaney and McElhaney’s sister for several weeks. McElhaney allegedly assaulted his sister while the child was living with them. The sister reported the assault to Child Protective Services. McElhaney had previously assaulted his wife and had a bad temper. The child went to live with his maternal grandparents. The grandparents and McElhaney agreed that McElhaney could regain custody if he underwent periodic hair follicle testing and urinalysis for drugs, and those tests were negative. A trial court approved an order memorializing this agreement. Despite assuring the grandparents that he no longer used methamphetamine, McElhaney failed his first hair follicle test, and he postponed a urinalysis by five days. The grandparents filed a suit affecting the parent-child relationship. McElhaney moved to dismiss the petition for lack of standing. The trial court denied the motion, and McElhaney now files for a writ of mandamus. HOLDING:Writ denied. “That he failed the hair follicle test and delayed the urinalysis for five days is some evidence from which the trial court could reasonably question whether McElhaney had stopped taking drugs. This, coupled with the evidence of [McElhaney's] temper and assaults upon his wife and sister, provided basis for the trial court to conclude that serious questions regarding the child’s physical health or welfare existed if McElhaney was allowed to regain custody of the child. At the very least, questions of fact existed concerning the child’s safety and welfare, and because they did, we cannot grant mandamus.” OPINION:Brain Quinn, J.; Quinn, Reavis and Campbell, JJ.

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