Parental termination without legal representation is State sponsored kidnapping.

Parental termination without legal representation is State sponsored kidnapping.

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Leslie Brewer started this petition to Parents and

This is a petition to change Oregon State law so that parents get a sliding scale legal representative for guardianship cases involving their minor child or children. It supports our 14th amendment rights to raise our children the way we see fit.

Currently, the state can take children with no real recourse and parents have no way to fight this without legal representation. Parents that cannot afford legal representation have their children taken from them. This is state-sponsored kidnapping. 

UNITED STATES SUPREME COURT RULINGS:

Lassiter vs Dep't of Soc. Servs, 452 U.S. 18: The Court held parents have a due process right to a fundamentally fair procedure that may require the appointment of counsel.

Santosky vs Kramer, 455 U.S. 745: The Court declared unconstitutional a New York statute that authorized termination of parental rights based on a preponderance of the evidence. Santosky is the first Supreme COurt case to hold that even after parents are found unfit in a contested court proceeding, they retain constitutionally protected parental rights.

Meyer vs Nebraska, 262 U.S. 390. The court held that a statute forbidding the teaching of the German language impermissible encroached on the liberty parents possess. The Court explained that the Due Process Clause of the Fourteenth Amendment protects this liberty, incorporating "the right to marry, establish a home, and bring up children."

Pierce vs Soc'y of Sisters, 268 U.S. 510: Relying on Meyer, the Court struck down an Oregon statute requiring children to attend public schools. This statute interfered with the right of parents to select private or parochial schools for their children and that it lacked a reasonable relation to any purpose within the competency of the state.

Wisconsin vs Yoder, 406 U.S. 205: The Court held that Wisconsin's compulsory education law violated an Amish father's rights to take his 15-year-old children out of school to complete their education in Amish ways at home.

Troxel vs Granvillle, 530 U.S. 57: The Court declared unconstitutional a Washington statute that authorized judges to order parents to permit more visitation between children and their grandparents than the parents desired.

 

(Adapted from Guggtenheim, Martin. "Chapter One: General Overview of CHild Protection Laws in the United States.")

 

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