Procedural right to Due Process–parents rights under state kidnap
The right to procedural due process is implicated where a constitutionally protected liberty or property interest is concerned. Board of Regents of St. Colleges v. Roth, 408 US 564 (1972). The crux of procedural due process is the right to notice and an opportunity to be heard at a meaningful time and in a meaningful manner. Fuentes v. Shevin, 407 US 67 (1972).
The US Supreme Court has repeatedly held that parents have a fundamental right to make decisions as to the companionship, care, custody and management of their children, which right is a protected liberty interest under the Fourteenth Amendment. Troxel v. Granville, 530 US 57, 65-66 (2000). As a result, there can be no doubt that the Fourteenth amendment is implicated whenever the government seeks to separate a parent from his or her child, and due process principles generally…
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