D. W. v. Washington State Department of Children, Youth & Families
DueProcess Privacy JusticiabilityDoctri
Whether the State violated the Due Process Clause by failing to provide a court-ordered domestic violence/anger management evaluation and treatment to an indigent, incarcerated, legally blind parent with FASD facing termination of parental rights
QUESTION(S) PRESENTED 1. In a termination of parental rights proceeding in a state that provides appeals as a matter of right from decisions terminating parental rights, does the State violate the Due Process Clause by failing to offer or provide a court-ordered domestic violence/anger management evaluation and any follow-up treatment to an indigent, incarcerated, legally blind parent with FASD facing termination of his parental rights where the parent is willing and able to engage in services? 2. In a termination proceeding in a state that provides court-appointed counsel to indigent parents facing termination of their parental rights in State-initiated actions, does the State violate the Due Process Clause when court-appointed counsel renders ineffective : assistance of counsel to the indigent parent? 3. In a termination of parental rights proceeding, does a judicial officer violate the Due Process Clause when she (1) engages in independent ex parte investigation of a parent to the proceedings before her, (2) as a result of the fruits of that independent investigation, makes rulings adverse to the parent, and (3) refuses to recuse herself? z 4. In a termination of parental rights proceedings in a state that provide court-appointed counsel to indigent parents facing termination of their parental rights in State-initiated actions at all stages of the proceeding, does a judicial officer violate the Due Process Clause when he fails to afford counsel to a parent at a hearing concerning a parent’s pro se affidavit of prejudice against that judicial officer where the parent asks for counsel? 5. In a termination of parental rights proceeding, is Due Process violated where an appellate judicial officer expresses reluctance to reverse a case before the case is before him, , refuses to disqualify himself when the case is later before him, and then finds no error justifying review? . 6. In a termination of parental rights proceeding, does the State violate the Due Process Clause where a parent is not allowed to supplement the record on appeal to establish his defense and his issues on appeal? 7. In a termination of parental rights proceedings, does the State violate the Fifth Amendment Due Process Clause by admitting and relying upon an invalid Judgment and Sentence to find that a parent will not be able to parent in the near future? 8. In proceedings, are a parent’s liberty interests under the Fourteenth Amendment and due process rights under the Fifth and Fourteenth Amendments violated when judicial officers involved in the proceedings fail to adhere to the code of judicial conduct?