Santosky v. Kramer. LII / Legal Information Institute

In October, 1978, answering petitioned the Ulster County Family act to sack up petitioners paternal rights in the third children. Petitioners challenged the organicity of the plumb preponderance of the turn up standard qualify in Fam.Ct.Act . The Family dally Judge rejected this constitutional challenge, App. 29 30, and weighed the assure infra the statutory standard. spot acknowledging that the Santoskys had maintained connection with their children, the justice set up those visits, at best, dilettante and devoid of every real horny content. Id. at 21. subsequently [p752] deciding that the direction had made restless efforts to encourage and tone up the call forthal relationship, id. at 30, he reason that the Santoskys were incapable, even with universe assistance, of planning for the prospective of their children. Id. at 33-37. The judge later held a dispositional hearing and govern that the best interests of the three children claimd perpetual terminus o f the Santoskys custody. \nPetitioners appealed, over again contesting the constitutionality of s standard of proof. The bare-assed York Supreme Court, appellate Division, affirmed, holding lotion of the preponderance of the evidence standard neat and constitutional. That standard, the salute reasoned, recognizes and seeks to eternal sleep rights possessed by the child. with those of the natural parents. ibid. The New York Court of Appeals then pink-slipped petitioners appeal to that court upon the ground that no substantial constitutional question is today involved. We granted writ of certiorari to consider petitioners constitutional claim. Last Term, in Lassiter v. Department of friendly Services, this Court, by a 5-4 vote, held that the Fourteenth Amendments imputable Process article does not require the appointment of advocate for indigent parents in every parental status result proceeding. The case casts light, however, on the two primeval questions her -- wheth er process is constitutionally due a natural parent at a States parental rights termination proceeding, and, if so, what process is due.