Infants - Foster Families - Remove of Foster Children from Foster Homes Without a Prior Hearing Violates Their Constitutional Rights to Procedural Due Process
foster, due process, social service
This case note examines the decision of the United States District Court for the Southern District of New York in Organization of Foster Familines for Equality and Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976), which held that the removal of foster children from foster homes in which they had been living for more than one year, without a prior hearing, violated their constitutional rights to procedural due process. The court reaffirmed the concept that a child is a person under the fourteenth amendment with protected interests, such as the preference to live in a certain home, and that the state should not have the right to abridge a child's liberties by denying the opportunity to be heard. The case note concludes that the long-awaited decision extended some protection to children in an area where protection is greatly needed.
Andrea G. Iason,
Infants - Foster Families - Remove of Foster Children from Foster Homes Without a Prior Hearing Violates Their Constitutional Rights to Procedural Due Process,
5 Fordham Urb. L.J. 155
Available at: https://ir.lawnet.fordham.edu/ulj/vol5/iss1/9