No. 18-1226

Clinton County Children and Youth Services v. A. A. R., Natural Mother, et al.

Lower Court: Pennsylvania
Docketed: 2019-03-20
Status: Denied
Type: Paid
Response Waived
Tags: child-protective-services child-welfare civil-rights constitutional-rights due-process equal-protection federalism fourteenth-amendment preemption prenatal-injury standing state-law supremacy-clause
Latest Conference: 2019-05-16
Question Presented (from Petition)

1. Whether a state violates the constitutional guarantees of the Fourteenth Amendment of the United States Constitution when it denies the protections afforded under the law to a population of children who suffer bodily injury, based solely on the fact that the injury suffered by the children was inflicted prenatally?

2. Whether the Pennsylvania Supreme Court's decision interpreting the state's child protective services law in reliance upon amended 23 Pa.C.S. § 6386, violates the Supremacy Clause of Article 6 of the United States Constitution as said state statute conflicts with 42 U.S.C.A. § 5106a?

Question Presented (AI Summary)

Whether a state violates the constitutional guarantees of the Fourteenth Amendment when it denies protections to children who suffer prenatal injury

Docket Entries

2019-05-20
Petition DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-03-29
Waiver of right of respondent A. A. R. to respond filed.
2019-03-08
Petition for a writ of certiorari filed. (Response due April 19, 2019)

Attorneys

A. A. R.
David S. CohenDrexel University Thoms R. Kline, School of Law, Respondent
Clinton County Children and Youth Social Services Agency
Amanda Beth Browning-RichardsonClinton County Children and Youth Social Services Agency, Petitioner