Legal Opinion

Brown v. County of San Joaquin

District Court, E.D. California

Decided January 22, 1985No. CIV.S-83-1464 RARPublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

RAMIREZ, District Judge.

The question presented by the pending cross-motions for summary judgment is whether a foster parent, a foster child, or both, is entitled to procedural due process before a county welfare department 1 removes the child from the home, thus terminating the foster parent — foster child relationship. Because California law already requires county welfare departments to provide procedural due process to foster families in most circumstances, 2 the precise issue raised by this action is the constitutionality of the California regulation which excepts…

2Cases cited38 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Stanley v. IllinoisSupreme Court of the United States · 1972
  4. Wisconsin v. YoderSupreme Court of the United States · 1972
  5. Meyer v. NebraskaSupreme Court of the United States · 1923

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3Cited by12 opinions

  1. Backlund v. BarnhartCourt of Appeals for the Ninth Circuit · 1985
  2. Backlund v. BarnhartCourt of Appeals for the Ninth Circuit · 1985
  3. In the Interests of A.C.Supreme Court of Iowa · 1987
  4. CHRISTINA K. v. Superior CourtCalifornia Court of Appeal · 1986
  5. People ex rel. A.W.R.Colorado Court of Appeals · 2000

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