Whether the state's removal of an intellectually disabled adult from his home and family by application of a standard of proof lower than the preponderance of the evidence violated rights protected by the Fourteenth Amendment that are enforceable under Section 1983

No question identified. : i QUESTIONS P RESENTED Question I .Whether the state' s removal of an intellectually disabled adult from his home and family by application of a standard of proof lower than the preponderance of the evidence violated rig hts protected by the F ourteenth Amendment that are enforceable under Section 1983. W hether those rig hts were violated when the adult child and the parent (l) were not served with the charg es prior to the hearing , (2) were not represented by legal counsel or a g uardian ad litem, (3) where the parent was prohibited from testify ing, and (4) where the state violated due process protections established by state and federal statutes. Question I I.Whether Respondents violated rig hts protected under the Americans with Disabilities Act and 42 U.S.C. 1396n(c)(2) by deny ing repeated requests to provide services in the least restrictive setting and the courts below applied the wrong standards for an award of injunctive relief and compensatory damag es. Whether the lower courts erred by disreg arding the resources of the state, and dismissing Petitioners' claim alleg ing intentional violation of the ADA, 42 U.S.C, 1396n(c)(2) and state law by acting together in furtherance of an illeg al purpose to prevent the individual' s return to his home and family . Question I II.Whether a state law providing that a complaint must be dismissed unless it is accompanied by an ex pert affidavit may be applied in federal court when the defendant elects to remove the case to federal court.