MEDICAL KIDNAP NEWS

In a ruling issued this week by the 9th Circuit Court of Appeals in California, the rights of families to be together was reaffirmed.

See:

9th Circuit Court Upholds Parents’ Constitutional Rights: Rules Against Arizona Social Workers Removing Children without a Warrant

The ruling of the court was made by a 3-judge panel at the 9th Circuit. Judge Marsha S. Berzon was the leading concurring judge.

The court stated:

As this court has stated repeatedly, families have a “well-elaborated constitutional right to live together without governmental interference.”

Wallis v. Spencer, 202 F.3d 1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers v. Cty. of San Joaquin, 487 F.3d 1288, 1294 (9th Cir. 2007); Mabe v. San Bernardino Cty., 237 F.3d 1101, 1107 (9th Cir. 2001); Ram v. Rubin, 118 F.3d 1306, 1310 (9th Cir. 1997).

Judge Marsha S. Berzon in her concurring opinion addressed the issue of traumatizing children by removing them from their home:

I concur in the per curiam opinion in full. I write separately to emphasize why it is essential that the courts scrupulously guard a child’s constitutional right to remain at home absent a court order or true exigency.

Taking a child from his or her home, family, and community constitutes a separate trauma, in and of itself. Our cases so recognize, and so ordinarily permit that trauma to occur only after a court determination that the alternative is worse.

 

In a ruling issued this week by the 9th Circuit Court of Appeals in California, the rights of families to be together was reaffirmed.

See:

9th Circuit Court Upholds Parents’ Constitutional Rights: Rules Against Arizona Social Workers Removing Children without a Warrant

The ruling of the court was made by a 3-judge panel at the 9th Circuit. Judge Marsha S. Berzon was the leading concurring judge.

The court stated:

As this court has stated repeatedly, families have a “well-elaborated constitutional right to live together without governmental interference.”

Wallis v. Spencer, 202 F.3d 1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers v. Cty. of San Joaquin, 487 F.3d 1288, 1294 (9th Cir. 2007); Mabe v. San Bernardino Cty., 237 F.3d 1101, 1107 (9th Cir. 2001); Ram v. Rubin, 118 F.3d 1306, 1310 (9th Cir. 1997).

Judge Marsha S. Berzon in her concurring opinion addressed the issue of traumatizing children by removing them from their home:

I concur in the per curiam opinion in full. I write separately to emphasize why it is essential that the courts scrupulously guard a child’s constitutional right to remain at home absent a court order or true exigency.

Taking a child from his or her home, family, and community constitutes a separate trauma, in and of itself. Our cases so recognize, and so ordinarily permit that trauma to occur only after a court determination that the alternative is worse.

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