Carter Court Case Summary

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The mother contended that the probate judge should have dismissed the department’s petition because the department did not have legal custody of her daughter because G.L. c. 119, § 23A was unconstitutional, due to the fact that she was never afforded a hearing, when the department first took custody of her daughter. Id. The court went on to say that, “the fact that a mother is incarcerated, signals a higher likelihood of risk of danger to the welfare of a newborn infant”. 421 N.E. 2d 28, 33. There have been no other constitutional challenges to G.L. c. 119, § 23A. Like this case, our case is not about the unfitness of the appellant; our case is more focused on the long-term health, development, mobility, and education of the child. DCF’s main objective is to providing a stable environment that will encourage growth, good health and development of the child, which is a compelling state interest of Massachusetts. 421 N.E. 2d 28, 110 CMR 1.02. Section 23A was not designed to punish incarcerated mothers; it was designed to ensure that babies born in prison have the chance to experience life in a stable, stress free environment, until incarcerated mothers released. Id. Rights of a child to a stable and safe environment assume an importance at least equal to a parent 's constitutional interests. Care & Protection of Robert, 408 Mass. 52, 60, 556 N.E.2d 993, 1000 (1990). G.L. c. 119, § 23A, does not violate Parental Due Process Rights, it instead ensures that children born in prison, have the opportunity to exercise their constitutional right to be free. 556 N.E.2d 993, 1000. a. The 10th Amendment gives Massachusetts the right to enact laws that would ensure the safety of its citizens. The 10th Amendment of the U.S. Constitution, gives the powers not delegated to the United States by the Constitution, nor prohibited by it to the State of Massachusetts. see also, (Massachusetts Constitution of 1780, Article IV.) Likewise, the Necessary and Proper Clause, Article 1 § 8 clause 18 of the 10th Amendment, gives Massachusetts the power to make all laws, that are necessary and proper for the benefit of its citizens. These powers included, the “police powers” of health, education, and welfare. Like all sovereign states within the United States, Massachusetts has the right, through the 10th Amendment to implement laws that will ensure protection and safety of all of its citizens, including babies born behind prison bars. M.G.L. chapter 119, § 23A, was implemented by Massachusetts to do just that, but the ultimate goal of the Department is reunification. The reasoning behind G.L. c. 119, § 23A, is not to permanently deprive the appellant of her parental rights; it is to ensure that the child has stability in her life by providing that child with a safe and stable placement outside the prison, until the appellant is released, and can be reunited with her child. b. A compelling State interest, which does not rise to the level of unconstitutional deprivation, will override Parental Due Process rights. The right to parent one’s child is not without limitations, as the courts have held as constitutional various statutes prohibiting certain circumstances where those rights can be removed. Southerland v. Thinpen, 784 F.2d 713 (1986). If a legitimate state …show more content…
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.

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