Family Law Keyed to Weisberg
Santosky v. Kramer
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Petitioners John II and Annie Santosky were the natural parents of Tina and John III. After incidents reflecting parental neglect, respondent Kramer initiated a neglect proceeding and had Tina removed from the home. 10 months later John III was placed with foster parents. On the same day Annie gave birth to a third child, Jed. Respondent transferred Jed to a foster home when he was three days old. In October 1978 respondent petitioned the court to terminate petitioner’s parental rights. Petitioners challenged the applicable preponderance standard, and the Family Court rejected this constitutional standard. The court found that the Santosky’s had maintained contact with the children, but found the visits to be at best superficial. The court determined the agency had made diligent efforts to encourage and strengthen the parental relationship, and concluded the Santoskys were incapable of planning for the future of their children. The judge ruled that the best interests of the children required permanent termination of parental custody.
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