Carter v. Lindgren, 503 .3d 26 (1st Cir. 2007). In that case, the father of the child was under indictment for child molestation and scheduled to stand trial. Id. The department removed the child from the parents’ home based on the father’s indictment. Id. The parents of the one-year-old brought suit against several officers of the Rhode Island Department of Children, Youth and Families ("DCYF"). Id. Parents alleged that the DCYF officers were liable under 42 U.S.C. § 1983 for infringing on their right to familial integrity under the United States Constitution. Carter, 503 .3d 26. They also sought damages under Rhode Island law, alleging infringement of their rights under the Rhode Island Constitution. Id. The Court stated that the Department’s actions did not rise to the level of due process violation. The State interest in keeping children safe overrode the parent’s constitutional right to parent their child.
Carter v. Lindgren, 503 .3d 26 (1st Cir. 2007). In that case, the father of the child was under indictment for child molestation and scheduled to stand trial. Id. The department removed the child from the parents’ home based on the father’s indictment. Id. The parents of the one-year-old brought suit against several officers of the Rhode Island Department of Children, Youth and Families ("DCYF"). Id. Parents alleged that the DCYF officers were liable under 42 U.S.C. § 1983 for infringing on their right to familial integrity under the United States Constitution. Carter, 503 .3d 26. They also sought damages under Rhode Island law, alleging infringement of their rights under the Rhode Island Constitution. Id. The Court stated that the Department’s actions did not rise to the level of due process violation. The State interest in keeping children safe overrode the parent’s constitutional right to parent their child.