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Citation767 So. 2d 1179,2000 Fla.25 Fla. L. Weekly S 682 Brief Fact Summary. Plaintiff brought a complaint alleging that she was the victim of sexual abuse that caused her to suffer from traumatic amnesia. Synopsis of Rule of Law. The delayed discovery doctrine generally provides that a cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortious act giving rise to the cause of action. ...

Citation2010 U.S.79 U.S.L.W. 3329 Brief Fact Summary. Mother appealed the court’s orders terminating her parental rights and granting the petition for adoption by her son’s foster parents based upon the claim that her son lacked the capacity to bring suit due to nonage. Synopsis of Rule of Law. The disability of nonage prevents a minor from initiating or maintaining an action for termination of parental rights. ...

CitationState v. C.R.C. (In re C.R.C.), 279 Ore. App. 167, 2016 Ore. App. LEXIS 753, 377 P.3d 687 (Or. Ct. App. June 22, 2016) Brief Fact Summary. Parents argued that they did not owe the State support for time their child spent in it’s custody because he had been emancipated under the common law. Synopsis of Rule of Law. Judicial emancipation refers to the nonstatutory termination of certain rights and obligations of the parent-child relationship during the child’s minority. ...

CitationHartman v. Hartman, 821 S.W.2d 852, 1991 Mo. LEXIS 130 (Mo. Dec. 17, 1991) Brief Fact Summary. Plaintiffs filed an action in the Circuit Court alleging their father and grandfather negligently maintained and operated a propane gas stove and propane tank causing them to explode, thereby injuring the children. Synopsis of Rule of Law. The doctrine of parental immunity should be abrogated in favor of a reasonable parent standard in negligence suits brought by children against their parents. ...

CitationState ex rel. Children’s Servs. Div. v. Brady (In re Brady-O’Neal), 135 Ore. App. 332, 899 P.2d 691, 1995 Ore. App. LEXIS 950 (Or. Ct. App. June 28, 1995) Brief Fact Summary. Mother gave birth to a child with special needs, and mother’s current mental limitations and situation limited her ability to care for the child. Child services eventually petitioned the court for permanent termination of parental rights. Synopsis of Rule of Law. The court erred in finding by clear and convincing evidence that the child’s integration into mother’s home was improbab ...

CitationIn re Guardianship of J.C., 129 N.J. 1, 608 A.2d 1312, 1992 N.J. LEXIS 396 (N.J. June 30, 1992) Brief Fact Summary. A.C. placed her children in foster care, but continued visitation of the children. The agency concluded that the children could not be returned to her successfully, and filed a petition seeking termination of A.C.’s parental rights. Synopsis of Rule of Law. Expert testimony directed to the strength of each relationship is necessary to weigh the potential harm of terminating the child’s relationship with her mother against that which might come from removing ...

CitationMarisol A. by Forbes v. Giuliani, 929 F. Supp. 662, 1996 U.S. Dist. LEXIS 8420 (S.D.N.Y. June 18, 1996) Brief Fact Summary. Plaintiffs, 11 children who suffered from abuse and neglect under the New York Children’s services, brought suit seeking injunctive and declaratory relief based on a variety of claims. Synopsis of Rule of Law. Three factors are used to determine if a federal statute permits a private right of action: 1) whether the provision was intended to benefit plaintiff; 2) whether the provision reflects a congressional preference for a kind of conduct rather than a b ...

CitationSantosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599, 1982 U.S. LEXIS 89, 50 U.S.L.W. 4333 (U.S. Mar. 24, 1982) Brief Fact Summary. Petitioner parents challenged the constitutionality of a New York statute permitting permanent termination of parental rights based upon a preponderance of the evidence standard. Synopsis of Rule of Law. The Due Process Clause of the Fourteenth Amendment requires more than a preponderance of the evidence standard in a termination of parental rights hearing. ...

CitationSmith v. Organization of Foster Families for Equality & Reform, 431 U.S. 816, 97 S. Ct. 2094, 53 L. Ed. 2d 14, 1977 U.S. LEXIS 108 (U.S. June 13, 1977) Brief Fact Summary. Appellees foster parents brought suit claiming that the procedures governing the removal of foster children from foster homes violated the Due Process and Equal Protection Clauses of the Constitution. Synopsis of Rule of Law. Consideration of the private interest affected; the risk of an erroneous deprivation of such interest by the procedures; and, the government’s interest requires the conclusion that ...

CitationFrenzel v. State, 2007 WY 50, 154 P.3d 349, 2007 Wyo. LEXIS 52 (Wyo. Mar. 21, 2007) Brief Fact Summary. Appellant’s daughter claimed that he committed acts of sexual assault on her. A State’s expert testified that her case was consistent with Child Sexual Abuse Accommodation Syndrome, and appellant challenged the testimony. Synopsis of Rule of Law. The Court held that the CSAAS testimony is admissible for the sole purpose of explaining a victim’s specific behavior which might be incorrectly construed as inconsistent with an abuse victim or to rebut an attack on the ...

CitationWhite v. Ill., 502 U.S. 346, 112 S. Ct. 736, 116 L. Ed. 2d 848, 1992 U.S. LEXIS 378, 60 U.S.L.W. 4094, 33 Fed. R. Evid. Serv. (Callaghan) 881, 92 Cal. Daily Op. Service 485, 92 Daily Journal DAR 697 (U.S. Jan. 15, 1992) Brief Fact Summary. Petitioner challenges the admissibility of hearsay declared admissible based on the spontaneous declaration and statement made in the course of receiving medical care exceptions to the hearsay rules. Synopsis of Rule of Law. The spontaneous declaration and statement made in the course of receiving medical care exceptions to the hearsay rules due no ...

CitationIn re Jaclyn P., 179 A.D.2d 646, 578 N.Y.S.2d 252, 1992 N.Y. App. Div. LEXIS 250 (N.Y. App. Div. 2d Dep’t Jan. 13, 1992) Brief Fact Summary. Respondent was accused of sexually abusing his children, and evidence was adduced from various sources to support this allegation at trial. The trial court held that respondent’s evidence refuted this evidence and thus a case against respondent was not made by a preponderance of the evidence. Synopsis of Rule of Law. The testimony of various experts, including psychiatrists and pediatricians, is used as evidence to support civil all ...

CitationPeople v. Hodges, 234 Ill. 2d 1, 912 N.E.2d 1204, 2009 Ill. LEXIS 1244, 332 Ill. Dec. 318 (Ill. July 15, 2009) Brief Fact Summary. Appellants challenged their convictions for failure to report an incident of child abuse by child care custodians based on their counseling of a sexually abused child. Appellants were pastors in a church and school administrators at the church’s school. Synopsis of Rule of Law. Religious counselors may properly be convicted for failure to report child abuse when their role also involves school related counseling. ...

CitationIn Interest of N.M.W., 461 N.W.2d 478, 1990 Iowa App. LEXIS 321 (Iowa Ct. App. Aug. 30, 1990) Brief Fact Summary. Appellant challenged a juvenile court’s finding that her child was a child in need of assistance based primarily on appellant’s extremely dirty apartment, which included animal feces on the floor. Synopsis of Rule of Law. The majority found that removal from the mother’s house was warranted based on the extreme squalor found at the apartment and the potential harm that could arise from such squalor. ...

CitationIn re Phillip B., 92 Cal. App. 3d 796, 156 Cal. Rptr. 48, 1979 Cal. App. LEXIS 1717 (Cal. App. 1st Dist. May 8, 1979) Brief Fact Summary. A petition was brought seeking to declare a child a dependant of the court to ensure that he received surgery recommended by physicians but refused by his parents. Synopsis of Rule of Law. Parents have a substantial interest in determining when surgery is appropriate for their children. Such an interest will not be overruled by the state when there are conflicting concerns regarding the dangers of surgery versus its potential benefits. ...

CitationIn re T., 115 Misc. 2d 161, 453 N.Y.S.2d 590, 1982 N.Y. Misc. LEXIS 3651 (N.Y. Fam. Ct. Aug. 12, 1982) Brief Fact Summary. Father insulted his son regarding his sexual identity, calling him a fag, faggot, and queer. Synopsis of Rule of Law. Verbal attacks can rise to the level of abuse necessary to declare a child an abused child. ...

CitationIn re Juvenile Appeal (83-CD), 189 Conn. 276, 455 A.2d 1313, 1983 Conn. LEXIS 443, 38 A.L.R.4th 736 (Conn. Feb. 15, 1983) Brief Fact Summary. Defendant appealed the court’s decision to temporarily remove her children after her youngest child passed away from unknown causes. Synopsis of Rule of Law. Due to the fundamental interest of a parent in raising their children a showing of serious physical illness, or serious physical injury, or immediate physical danger must be demonstrated before children may be removed from a family. ...

CitationChronister v. Brenneman, 742 A.2d 190, 1999 PA Super 284, 1999 Pa. Super. LEXIS 4042 (Pa. Super. Ct. Nov. 24, 1999) Brief Fact Summary. Appellant challenged the trial court’s entry of a protection order based upon his corporal punishment of his daughter. Synopsis of Rule of Law. Pennsylvania law includes a parental privilege against criminal claims that involve corporal punishment. Such a privilege should be read in congruence with the PFA requirements. ...

CitationWisconsin v. Yoder, 1971 U.S. LEXIS 1879, 402 U.S. 994, 91 S. Ct. 2173, 29 L. Ed. 2d 160 (U.S. May 24, 1971) Brief Fact Summary. Several Amish families appealed a decision convicting them of failing to send their children to school until the age of 16 based upon Freedom of Religion under the constitution. Synopsis of Rule of Law. The law compelling parents to send their children to public school until the age of 16 is unconstitutional as applied because it impermissibly interferes with the Amish religious beliefs. ...

CitationTroxel v. Granville, 530 U.S. 57, 120 S. Ct. 2054, 147 L. Ed. 2d 49, 2000 U.S. LEXIS 3767, 68 U.S.L.W. 4458, 2000 Cal. Daily Op. Service 4345, 2000 Daily Journal DAR 5831, 2000 Colo. J. C.A.R. 3199, 13 Fla. L. Weekly Fed. S 365 (U.S. June 5, 2000) Brief Fact Summary. The paternal grandparents brought a petition requesting visitation of their granddaughters. The mother agreed to some visitation, but did not agree to the extended visitation requested. Mother appealed the court’s granting of visitation as unconstitutional. Synopsis of Rule of Law. The court’s presumption t ...

CitationPierce v. Soc’y of Sisters, 268 U.S. 510, 45 S. Ct. 571, 69 L. Ed. 1070, 1925 U.S. LEXIS 589, 39 A.L.R. 468 (U.S. June 1, 1925) Brief Fact Summary. Appellees, two non-public schools, were protected by a preliminary restraining order prohibiting appellants from enforcing an Oregon Act that required parents and guardians to send their children to public school. Appellants appealed the order. Synopsis of Rule of Law. The 14th Amendment provides a liberty interest in a parent’s or guardian’s right to decide the mode in which their children are educated. State’s ...

CitationPrince v. Massachusetts, 321 U.S. 158, 64 S. Ct. 438, 88 L. Ed. 645, 1944 U.S. LEXIS 1328, 7 Lab. Cas. (CCH) P51,172 (U.S. Jan. 31, 1944) Brief Fact Summary. Appellant appeals a conviction for violating Massachusetts’ child labor laws based upon her permitting her children to preach and sell pamphlets relating to the Jehovah Witness religion on the streets in the evening. Synopsis of Rule of Law. The state’s interest in protecting children through the child labor laws overrides the parent’s constitutional right to raise her children and the children’s constitu ...

CitationMeyer v. Neb., 262 U.S. 390, 43 S. Ct. 625, 67 L. Ed. 1042, 1923 U.S. LEXIS 2655, 29 A.L.R. 1446 (U.S. June 4, 1923) Brief Fact Summary. Plaintiff was convicted for teaching a child German under a Nebraska statute that outlawed the teaching of foreign languages to students that had not yet completed the eighth grade. Synopsis of Rule of Law. The Fourteenth Amendment prohibits states from creating legislation that restricts liberty interests when the legislation is not reasonably related to an acceptable state objective. ...