AdministrativeLaw DueProcess Privacy
Does Maryland's 'best interest of the child' standard conflict with the 'clear and convincing evidence' standard that protects liberty interests through the Due Process Clause?
QUESTIONS PRESENTED 1. Does Maryland's adoption of "the best interest of the child" standard when adjudicating termination of parental rights cases conflict with the firmly established "clear and convincing evidence" standard that protects liberty interests through the Due Process Clause of the Fourteenth Amendment of the United States Constitution where an incarcerated parent serving a long-term sentence has not been found to have committed abandonment, neglect or abuse that directly harmed his or her child? (PROPOSED ANSWER IN THE POSITIVE) 2. Does Maryland Code Annotated, Family Law §5-323's inclusion of undefined "exceptional circumstances" give carte blanche deference to the Court to establish any circumstance it so desires to remove an individual's parental rights in violation of the Due Process Clause's mandate against vagueness, thereby declaring said statute void? (PROPOSED ANSWER IN THE POSITIVE). 3. Has the arbitrary and capricious nature of Maryland Code Annotated, Family Law _§5-323's "exceptional circumstances" clause allowed the judiciary, through stare decisis, to create an irrebuttable presumption as well as a classification that burdens the fundamental right of a parent to raise his or her child and targets incarcerated individuals, a suspect class, in flagrant violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution? (PROPOSED ANSWER IN THE POSITIVE)