Whether the State violates the Due Process Clause when it assumes initial custody of a child from an involved biological parent utilizing dependency proceedings that exclude parental fitness as a factor in the decision

QUESTION PRESENTED ; —_——*_-‘Whether the State violates the Due Process Clause when it assumes initial custody of a child from an involved biological parent utilizing dependency proceedings that exclude parental fitness as a factor in the decision. Whether the application of the ore tenus rule in appellate review of judgments depriving a parent of the custody, control and care of a child in favor of a non-parent adequately and fairly protects the rights of parents to control the upbringing of their children from erroneous deprivation under the Due Process Clause. Ha 5 7 y il