No. 22-7002

J. T. v. Maryland

Lower Court: Maryland
Docketed: 2023-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abandonment-neglect-abuse child-welfare due-process fourteenth-amendment incarceration parental-rights statutory-interpretation termination-of-parental-rights vagueness
Key Terms:
AdministrativeLaw DueProcess Privacy
Latest Conference: 2023-04-21
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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)

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-31
Waiver of right of respondent Maryland to respond filed.
2023-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2023)

Attorneys

Joshua Ray Tyner
Joshua Ray Tyner — Petitioner
Joshua Ray Tyner — Petitioner
Maryland
Julia Doyle Bernhardt — Respondent
Julia Doyle Bernhardt — Respondent