Does terminating a mother's parental rights violate the federal constitution?

California, United States of America


The following excerpt is from L. A. Cnty. Dep't of Children & Family Servs. v. Elizabeth C. (In re K.C.), B254770 (Cal. App. 2015):

Mother contends that even if terminating her parental rights was permissible under statutory law, it violated federal Constitutional law as articulated in Santosky v. Kramer (1982) 455 U.S. 745 (Santosky) because the evidence did not permit the conclusion that mother is an unfit parent. Although we agree that the record does not support a finding of present unfitness, we do not agree that terminating mother's rights was inconsistent with the court's analysis in Santosky.

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