No. 20-7917

Miriam Lowell, et al. v. Vermont Department for Children and Families, et al.

Lower Court: Second Circuit
Docketed: 2021-05-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-abuse constitutional-rights cross-examination due-process pre-deprivation-hearing substantiation substantiation-process younger-abstention
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Is a State's child abuse substantiation process sufficiently akin to a criminal proceeding such that it is subject to Younger abstention when a parent accused of child abuse is not given any information about the accusations, not allowed to compel witness testimony, or not allowed to cross-examine witnesses at a pre-deprivation hearing?

Question Presented (OCR Extract)

ESTIONS PRESENT 1. Is a State’s child abuse substantiation process sufficiently akin to a criminal proceeding such that it is subject to Younger abstention when a parent accused of child abuse is not given any information about the accusations, not allowed to compel witness testimony, or not allowed to cross-examine witnesses at a pre-deprivation hearing? 2. Does a State’s child abuse substantiation process comply with the Due Process Clause of the United States Constitution if a parent accused of child abuse is not given any information about the accusations, not allowed to compel witness testimony, or not allowed to cross-examine witnesses at a pre-deprivation hearing? 3. Does a State’s child abuse substantiation process comply with the Due Process Clause of the United States Constitution if a parent accused of child abuse does not have an opportunity to raise constitutional issues until after the parent is placed on the State’s Child Protection Registry? 4. Does a complaint sufficiently allege that a State’s investigation into child abuse or neglect, or substantiation of a finding of child abuse or neglect, implicates the bad faith exception to Younger abstention where the original allegation does not meet the State’s statutory definition for child abuse or neglect? i

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2021-05-05
Waiver of right of respondent Vermont Department for Children and Families, et al. to respond filed.
2021-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2021)

Attorneys

Miriam Lowell, et al.
Colin Ryne HaganShlansky Law Group, LLP, Petitioner
Colin Ryne HaganShlansky Law Group, LLP, Petitioner
Vermont Department for Children and Families, et al.
Benjamin Daniel BattlesOffice of the Attorney General, Respondent
Benjamin Daniel BattlesOffice of the Attorney General, Respondent