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Family Law Keyed to Weisberg
Smith v. Organization of Foster Families for Equality and Reform (Offer)
Facts
Appellees, individual foster parents and an organization of foster parents, brought a civil rights class action on their own behalf and on behalf of children for whom they have provided homes for a year or more. They sought declaratory and injunctive relief alleging that the procedures governing the removal of foster children from foster homes violated the Due Process and Equal Protection Clauses. A group of natural mothers of children in foster care intervened on behalf of themselves and others similarly situated. The district court determined that the preremoval procedures were an unconstitutional deprivation of due process by denying the foster child a hearing before transfer to another foster home or return to their natural parents.
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