Legal Opinion
In re the Guardianship of Mark C.H.
New York Surrogate's Court
Decided April 21, 2010PublishedCited by 16 opinions
1Opinion of the Court
*766OPINION OF THE COURT
Kristin Booth Glen, S.
This case presents an issue of significant concern:
Can SCPA article 17-A meet constitutional standards in the absence of a requirement of periodic reporting and review? The facts of this case place the issue in stark relief.
Facts
Mark C.H. was adopted five days after his birth by Marie H., a woman of significant means, who subsequently also adopted his brother, Charles A.H. From the beginning, Mark suffered from disabilities and, at the age of seven, was diagnosed with autism. Marie traveled widely and spent substantial sums seeking to cure or improve…
2Cases cited20 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Bolling v. SharpeSupreme Court of the United States · 1954
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- Jackson v. IndianaSupreme Court of the United States · 1972
15 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Coleman v. StateTennessee Supreme Court · 2011
- Disability Rights N.Y. v. New YorkCourt of Appeals for the Second Circuit · 2019
- Berryhill v. RhodesSupreme Court of Oklahoma · 2014
- IN THE MATTER OF THE GUARDIANSHIP OF BERRYSupreme Court of Oklahoma · 2014
- In re the Appointment of a Guardian for D.D.New York Surrogate's Court · 2015
11 more not listed; retrieve them via the Exa API.