No. 24-5084

Terrence E. Gilchrist v. Simone Craig

Lower Court: Ohio
Docketed: 2024-07-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: child-support due-process equal-protection equitable-relief fourteenth-amendment fundamental-rights privileges-and-immunities procedural-protections social-security-act takings-clause turner-v-rogers
Key Terms:
SocialSecurity DueProcess Takings JusticiabilityDoctri
Latest Conference: 2024-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether non-adherence to Turner procedural protections violates substantive-due-process-and-privileges-and-immunities,takings-clause,due-process-and-equal-protection,equitable-relief

Question Presented (from Petition)

QUESTIONS PRESENTED ; After this Court decided Turner v. Rogers, 564 U. S. 431 (2011), many state courts adjusted contempt proceedings in child support cases under Title IV, Part D, of the Social a Security Act. In December 2016, the United States Department of Health and Human Services, which funds programs under that same Part, promulgated revised regulations that implemented due process safeguards, based upon the three-prong test from Mathews v. Eldridge, 429 U. S. 319 (1976), as discussed in Turner v. Rogers. States likewise revised corresponding regulations for their courts and tribunals. The federal legislative branch also made changes such as an expression of a “Sense of the Congress regarding offering of voluntary parenting time arrangements,” by enacting the Preventing Sex Trafficking and Strengthening Families Act, in September 2014, and expansion of “529 Account Funding for Elementary and Secondary Education,” within the enactment of the Tax Cuts and Jobs Act ; in December 2017. The questions presented herein are as follows: Whether non—adherence to Turner procedural protections, under 45 CFR § 303.6(c)(4-5), violates substantive due process as well as privileges and immunities when fundamental rights and liberties are implicated, affronts the Takings Clause of the Fifth Amendment as well as the Due Process and Equal Protection Clauses of the Fourteenth Amendment, from which equitable relief is available, as found by Massachusetts, Nebraska, and Nevada as well as the First, Third, Sixth, Eighth, Ninth, and Eleventh Circuits, or is instead moot, as found in Ohio and Texas. Whether a dignity factor, scrutiny under substantive due process, or with privileges and immunities, as well as by specific Amendments may supplant the Mathews factors and Turner procedural protections in proceedings under , Part D of Title IV of the Social Security Act when fundamental rights and liberties are at stake. Does lack of perfection of service divest a trial court of subject matter jurisdiction under the Due Process Clause of the Fourteenth Amendment, for “any matters,” after confirmation of the registration of an order under the Uniform Interstate Family Support Act.

Docket Entries

2024-12-09
Rehearing DENIED.
2024-11-13
DISTRIBUTED for Conference of 12/6/2024.
2024-11-12
Application (24A461) denied by Justice Kavanaugh.
2024-11-01
Application (24A461) to suspend the effect of the denial of the petition for a writ of certiorari, submitted to Justice Kavanaugh.
2024-11-01
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-15
Waiver of right of respondents The Honorable Monica Hawkins, Susan Brown, Director, Franklin County Child Support Enforcement Agency to respond filed.
2024-04-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 15, 2024)
2024-02-22
Application (23A768) granted by Justice Kavanaugh extending the time to file until April 26, 2024.
2024-02-12
Application (23A768) to extend the time to file a petition for a writ of certiorari from February 26, 2024 to April 26, 2024, submitted to Justice Kavanaugh.

Attorneys

Terrence Gilchrist
Terrence E. Gilchrist — Petitioner
Terrence E. Gilchrist — Petitioner
The Honorable Monica Hawkins, Susan Brown, Director, Franklin County Child Support Enforcement Agency
Amy L. HiersFranklin County Prosecutor's Office, Civil Div., Respondent
Amy L. HiersFranklin County Prosecutor's Office, Civil Div., Respondent