D.M. v. State, Division of Family & Youth Services

I. INTRODUCTION

The court today concludes that D.M. had no constitutional right to advance notice of the state’s intent to use her children’s CINA adjudication hearing as a springboard for termination of her parental rights; and to the extent that a right to prior notice existed on a sub-constitutional plane, the court holds that its violation was harmless. I disagree. Under the facts of this case, due process required the state to give D.M. advance notice of its decision to use the adjudication hearing as the first step toward termination. The state failed to give her adequate notice, and I…