Thursday, March 1, 2007

Compelling State Interest

The following Supreme Court decisions were cited in a published opinion by Chief judge Norman K. Moon of Court of Appeals of Virginia June 3, 1997 in the case Williams and Williams v. Williams and Williams 24 Va. App. 778; 485 S.E. 2d 651 (June 3, 1997):

Even when blood relationships are strained, parents retain vital interest in preventing irretrievable destruction of their family life; if anything, persons faced with forced dissolution of their parental rights have more critical need for procedural protections than do those resisting state intervention into ongoing family affairs.

The Supreme Court noted its "historical recognition that freedom of personal choice in matters of family life is a fundamental liberty interest protected by the Fourteenth Amendment." Santosky v. Kramer, 102 S.Ct. 1388; 455 U.S. 745, (1982).

In applying the protection of the Fourteenth Amendment, the United States Supreme Court has held that

"[w]here certain fundamental rights are involved... regulation limiting these rights may be justified only by a 'compelling state interest' ...and ..legislative enactments must be narrowly drawn to express only the legitimate state interests at stake.

State interference with a fundamental right must by justified by a "compelling state interest."
Roe v. Wade. 410 U.S. 113, 155 ; 93 S.Ct. 705; 35 L Ed 2d 147, (1973)

State's power to legislate, adjudicate and administer all aspects of family law, including determinations of custodial and visitation rights, is subject to scrutiny by federal judiciary within reach of due process and/or equal protection clause of 14th Amendment... fourteenth Amendment applied to states through specific rights contained in the first eight amendments of the Constitution which declares fundamental personal rights... Fourteenth Amendment encompasses and applied to states those pre-existing fundamental rights recognized by the Ninth Amendment.

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THE ONLY THING GREATER THAN MY LOVE FOR MY SON IS THE PAIN OF LOSING HIM.

I couldn't stop it..I didn't think it'd end like this.I had faith in the system.

I was wrong!

When a child goes missing

~ for allison & ryan ~

It's Almost Tuesday

© April 2006 J.M.Murphy all rights reserved

A fictional reenactment based on true events within the Texas Department of Family Protective Services foster care system , using the child's exact words when possible

"It's almost Tuesday…" is what I tell myself; even though it's only Wednesday; but in foster care, Wednesday is no different from any other day – except for Tuesday. It's the only hope I can find because Tuesday is the day I get to see my Mommy. Tuesdays are the best … but it seems like a lifetime waiting from Tuesday to Tuesday to get to Visit Day when I can be with My Mommy again…that is if Mom or Dad takes me…

Sometimes they don't.

I'm supposed to see MY Mommy for one whole hour, but the caseworker says my Mommy was a bad Mommy, so I think my caseworker runs late on purpose to make Mommy madder… but what did I do wrong? I'm the one away from home. The caseworker told me foster care was to punish bad parents, but it really punishes the kids. I'm only 8 and I know that, the caseworker has to be at least 30, can't she figure that much out?

Sometimes we only get to see each other for a few minutes but we're supposed to get a WHOLE hour! No matter what's going on, it's worth everything when Mommy hugs me and tells me it'll be okay. How does she know it'll be okay? They won't let me tell her what happens at home. When I say I'm going to tell my Mommy something, then they won't take me to visit her. So I don't dare tell Mommy and miss a Tuesday Visit.

here (Go read the conclusion - scroll down for full story) )

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