SocialSecurity DueProcess Securities
Whether prolonged 'temporary' foster placement violated federal law and the Petitioner's constitutional rights
QUESTIONS PRESENTED The Petitioner in this case is the natural father of three children, removed from their natural mother’s care and kept in ‘temporary’ foster placement (while on a plan of reunification with their parents) for 48 months between the date of their removal and the date of the decision terminating the Petitioner’s parental rights. The foster household practices a religion different than that of the . | children’s. In the termination proceeding, the court relied | on reconsidered findings from a prior (neglect) proceeding | to terminate Petitioner’s parental rights and disregarded . | the children’s religious affiliation. | The questions presented are: | 1Whether the State’s prolonged ‘temporary’ foster | placement (in excess of 40 months) of children on a plan of reunification, violated federal law, impinged upon a claimed | religious freedom and violated the Petitioner's rights under the Fourteenth Amendment’s Due Process Clause. 2Whether the State court’s of findings from a prior proceeding: a) Violated the Fifth and Fourteenth Amendment’s Due Process Clause, and; b) Deprived the Petitioner of his fundamental right to a fair trial resulting in the erroneous deprivation of his parental: rights.