Bohn v. County of Dakota

772 F.2d 1433
Court of Appeals for the Eighth Circuit·Decided September 11, 1985·No. No. 84-5100·Published·Cited by 50 cases

Opinion

HEANEY, Circuit Judge.

Wayne and Sharon Bohn appeal from the district court’s dismissal of their suit against Dakota County under 42 U.S.C. § 1983 for failure to state a claim. For reversal, the Bohns argue, first, that the County denied them due process by failing to provide them with notice of a finding of child abuse, statement of the basis for that finding, and notice of their right to appeal;1 and, second, that deficient administrative procedures for contesting or appealing a finding of child abuse violate the fourteenth amendment.2 We affirm.

1. BACKGROUND.

On May 31, 1982, Wayne Bohn forcibly interceded to break up a fight between his two sons, one of whom then ran to a neighbor’s house as a result. The incident prompted an investigation by the Dakota County Department of Social Services, which concluded that there was “substantial evidence” of child abuse by the Bohns. Although the Bohns disputed this conclusion,3 the Department assigned a child pro[1435]*1435tection worker to the case, pursuant to statute, and the social worker met with the Bohns and their children repeatedly in an attempt to remedy the presumed problems stemming from the alleged child abuse.

The Bohns attempted to clear the record of these charges, but their efforts were generally ineffective. Initially, they complained to the County Department of Social Services and explained that they wished to contribute their side of the story to the decision-making process, but the Department refused and stated that the investigation was complete. Thereafter, through counsel, the Bohns sought to correct the record through a variety of means, including a juvenile court action, an appeal to the State Department of Public Welfare, appeals of the juvenile action to the Dakota County District Court and the Minnesota Supreme Court, and requests for action through the Dakota County Human Services Board, their county commissioner, and their state representative.

When these measures were unavailing, the Bohns filed this section 1983 action in federal court. After the complaint was amended and was before the district court on a motion to dismiss, appellants’ counsel wrote to the Minnesota Office of Administrative Hearings to demonstrate that appellants had no right of direct appeal from the finding of child abuse. That office responded by citing the rules of the Commissioner of Administration which implement the state’s administrative procedure act and govern appeals of contested cases. After finding that the Bohns were provided with a procedure to challenge the finding of child abuse, and finding that it satisfied constitutional standards of due process, the district court determined that the Bohns had not stated a claim on which relief could be granted; accordingly, the district court dismissed the complaint. The Bohns appeal, arguing the due process defects we have mentioned above.

II. DUE PROCESS AND THE FINDING OF CHILD ABUSE.

The procedural protections guaranteed in the fifth and fourteenth amendments to the Constitution are triggered by the existence of a protectible liberty or property interest. Thus, the process that is due depends upon the nature of the interest at stake. In considering such questions, therefore, we engage in a two-step analysis by which we search for a protectible interest and, when one is apparent, examine the established procedures to determine whether they satisfy constitutional standards.

The privacy and autonomy of familial relationships involved in a case like this are unarguably among the protectible interests which due process protects. We can conceive of no more important relationship, no more basic bond in American society, than the tie between parent and child. In Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972), the Supreme Court stated that the interest of a widower “in the children he has sired and raised, undecidedly warrants deference and, absent a powerful countervailing interest, protection.” Id. at 651, 92 S.Ct. at 1212. The Court continued:

the interest of a parent in the companionship, care, custody and management of his or her children “come[s] to this Court with a momentum for respect lacking when appeal is made to liberties which derive merely from shifting economic arrangements.” Kovacs v. Cooper, 336 US 77, 95, 93 L Ed 513, 527, 69 S Ct 448 [458], 10 ALR2d 608 (1949) (Frankfurter, J., concurring).
The Court has frequently emphasized the importance of the family. The rights to conceive and to raise one’s children have been deemed “essential,” Meyer v. Nebraska, 262 US 390, 399, 67 L Ed 1042, 1045, 43 S Ct 625 [626], 29 ALR 1446 (1923), “basic civil rights of man,” Skinner v. Oklahoma, 316 US 535, 541, 86 L Ed 1655, 1660, 62 S Ct 1110 [1113] (1942), and “[r]ights far more precious ... than property rights,” May v. Anderson, 345 US 528, 533, 97 L Ed 1221, 1226, 73 S Ct 840 [843] (1953). “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations [1436]*1436the state can neither supply nor hinder.” Prince v. Massachusetts, 321 US 158, 166, 88 L Ed 645, 652, 64 S Ct 438 [442] (1944). The integrity of the family unit has found protection in the Due Process Clause of the Fourteenth Amendment, Meyer v. Nebraska, supra [262 U.S.], at 399 [43 S.Ct. at 626], 67 L Ed at 1045, the Equal Protection Clause of the Fourteenth Amendment, Skinner v. Oklahoma, supra [316 U.S.], at 541 [62 S.Ct. at 1113], 86 L Ed at 1660, and the Ninth Amendment, Griswold v. Connecticut, 381 US 479, 496, 14 L Ed 2d 510, 522, 85 S Ct 1678 [1688] (1965) (Goldberg, J., concurring).

Id.

In another case considering the protections due a foster family, the Supreme Court first considered the case of natural families, and concluded that “the liberty interest in family privacy has its source, and its contours are ordinarily to be sought, not in state law, but in intrinsic human rights, as they have been understood in ‘this Nation’s history and tradition.’ Moore v. East Cleveland, ante [431 U.S. 494] at 503 [97 S.Ct. 1932 at 1938], 52 L.Ed.2d 531 [(1977)].” Smith v. Organization of Foster Families, 431 U.S. 816, 845, 97 S.Ct. 2094, 2110, 53 L.Ed.2d 14 (1977).4

Having identified the protectible interests at stake, we next turn to the procedural protections that are due under Minn. Stat.Ann. § 626.556. To assist the courts in evaluating the propriety of such procedures, the Supreme Court in Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), identified three factors:

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Bohn v. County of Dakota, 772 F.2d 1433 (8th Cir. 1985).

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