Jane Doe v. Seth Staples

706 F.2d 985
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 6, 1983
Docket81-3549
StatusPublished
Cited by38 cases

This text of 706 F.2d 985 (Jane Doe v. Seth Staples) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jane Doe v. Seth Staples, 706 F.2d 985 (6th Cir. 1983).

Opinions

HORTON, District Judge.

Jane Doe, the appellant in this class action, challenges the policies and practices of the defendant, Hamilton County Welfare Department (HCWD), Cincinnati, Ohio, which permit-children in the temporary legal custody of HCWD to be summarily removed from the physical custody of their natural parents without prior written notice or an opportunity for a hearing. Further, appellant charges there were no legally enforceable standards limiting the discretion of HCWD employees in deciding under what circumstances these children, committed to the legal custody of the state, could be physically removed from the custody of their natural parents. Jane Doe argues that the failure to provide notice and a hearing and the absence of sufficient legal standards deprived her and similarly situated members of the class1 of the right to family integrity without due process of law in violation of the Fourteenth Amendment to the Constitution of the United States.

The United' States District Court for the Southern District of Ohio declared HCWD’s summary removal policies and practices unconstitutional, finding them to be in violation of the due process clause of the Fourteenth Amendment to the Constitution of the United States.

The district court ruled that summary removal of a child in the temporary legal custody of HCWD from his or her natural parents must be, as a general rule, preceded by written notice and a hearing, absent countervailing governmental interests. The court based its ruling upon three reasons:

1) Some kind of notice and hearing should precede the deprivation of a parent’s liberty interest.
2) The Supreme Court has rejected the proposition that a wrong may be done if it can be undone.
3) There is psychological evidence that summary removal of a child from the natural parent is a threat to the development of the child.

In so ruling, the court recognized HCWD’s interest in the child’s welfare as temporary legal custodian of the child. For that reason, the court stated that HCWD could summarily remove a child, in HCWD’s temporary legal custody, from the natural parents if it is necessary to protect the child from serious and imminent physical, psychological or emotional harm. However, if summary removal is necessary, the court said HCWD' must deliver written notice to the parent at the time of removal and must [987]*987hold a hearing within a reasonable period of time. The court finalized its ruling by stating that due process requires:

1) The plaintiffs be given notice prior to the removal of the child (at the time of the removal where exigent circumstances exist or promptly thereafter) ■ stating the reasons for the removal;
2) The plaintiffs be given a full opportunity at the hearing to present witnesses and evidence on their behalf; and
3) The plaintiffs may have a retained attorney at the hearing.

However, the court reasoned that since judicial review of the removal hearing is available under Ohio law, Ohio Rev.Code Ann. §§ 2151.359 and 2506.01, procedures of a more formal nature could not be justified. The court declined to specify categorical standards necessary to determine when removal is appropriate. The court stated that it is only necessary that removal satisfy the general purpose of Chapter 2151 of the Ohio Revised Code.

The plaintiffs were apparently satisfied with the district court’s well-reasoned opinion to the extent it held the policies and practices of HCWD which permit summary removal of committed children from the physical custody of their natural parents to be in violation of the due process clause of the fourteenth amendment and therefore unconstitutional. However, the plaintiffs appealed to this Court seeking a review of the district court’s ruling on three points:

1) The lack of specificity in the removal standard;
2) The content of the notice HCWD must give to affected parents;
3) The limitations on procedural safeguards which attend the pre-removal hearing.

The facts in this case are not in dispute. Mary Doe is the natural mother of Jane Doe who was born on May 12, 1973. On April 8, 1976, Jane Doe was temporarily committed to the legal custody of HCWD pursuant to Ohio Rev.Code Ann. § 2151.-353.2 This commitment was necessitated by Mary Doe’s incarceration in the Ohio Reformatory for Women. Upon her release in December of 1976, Mary Doe was awarded physical custody of her daughter. However, temporary legal custody of the child remained with HCWD during all times relevant to this case. Jane Doe’s placement with her natural mother continued with the acquiescence of HCWD until July 28, 1980, when an HCWD social worker removed Jane Doe from the physical custody of Mary Doe and placed her in a local shelter care facility. It is undisputed that no written notice of any kind was ever given to Mary Doe regarding the summary removal of her natural child. There was no hearing of any kind prior or subsequent to the summary removal. The social worker testified before the district court that information supplied over the telephone by three individuals provided the basis for the summary removal. The identities of the complaining parties were not disclosed to Mary Doe. The record reflects that it is the official policy of HCWD not to disclose the identities of persons who complain to it about parental misconduct. Nor will HCWD disclose the contents of its files which contain information bearing on the removal decision.

With respect to the issue of an applicable standard governing removal, the district court ruled that no specific standard is constitutionally mandated, only that the standard used by HCWD must satisfy the general purpose of Chapter 2151 of the Ohio Revised Code. The relevant portion of the Chapter 2151 purpose statement in Section 2151.01 reads:

The sections in Chapter 2151 of the Revised Code, with the exception of those sections providing for the criminal prosecution of adults, shall be liberally inter[988]*988preted and construed so as to effectuate the following purposes:
(C) To achieve the foregoing purposes, whenever possible, in a family environment, separating the child from its parents only when necessary for his welfare or in the interests of public safety; (emphasis added).

Appellants urge that this broad standard, generally referring to the welfare of the child and interest of public safety, fails to satisfy the requirements of due process of law in that HCWD’s failure to implement enforceable standards leaves HCWD with unfettered discretion in deciding which committed child is to be removed from the physical custody of the natural parent. Appellants argue the decision to remove a child necessarily becomes , an entirely subjective decision which may vary from social worker to social worker and is not based on objective criteria. Appellants assert this subjectivity, inherent in the statute, permits the decision to be influenced by personality, temperament, experience and training of the individual worker.

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Bluebook (online)
706 F.2d 985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jane-doe-v-seth-staples-ca6-1983.