R. M. S. v. Madison County Department of Human Resources
SocialSecurity DueProcess Privacy
First Question Presented : When a State
initiates child custody proceedings, does 28
U.S.C. §1738A(e), the national standard for
custody determinations between states, give
a grandparent a federal statutory right of
notice to the custody proceedings?
Second Question Presented : Does a State 's
federally-funded social service agency violate
42 U.S.C. §671(a)(19), 42 U.S.C. §671(a)(29),
by purposely excluding a grandparent from
its custody proceedings, placing the
grandchild with legal strangers, never
considering the grandparent for placement
before strangers, and never considering if the
grandparent is a viable alternative to
dependency or termination of parent rights?
Third Question Presented : If a State violates
federal laws and regulations during its
bifurcated child custody proceedings, the
State violates a parent 's rights of due
process, equal protection, and to be secure in
effects and papers, and the State purposely
excludes a grandparent from its custody
proceedings, if the State then terminates the
parent 's rights, which also terminates the
grandparent 's rights, on appeal, must the
State provide all of the records from its
bifurcated custody proceedings, which were
initiated, and bifurcated, without notice to
the parent and grandparent?
Does a state's child custody proceedings violate a grandparent's federal statutory right of notice?