No. 21-1367

Amy Nichols-Stuart v. County of Amador, California, et al.

Lower Court: California
Docketed: 2022-04-21
Status: Denied
Type: Paid
Tags: child-welfare civil-procedure civil-rights dependency-proceeding dependency-proceedings drunk-driving due-process familial-association jurisdictional-report standing waiver-of-rights
Latest Conference: 2022-06-23
Question Presented (from Petition)

Does a parent who in a state court dependency proceeding submitted to jurisdiction on a staff pre-pared jurisdictional report and did not submit on a dispositional report 'impliedly' waive the right to sue for loss of Familial Association wh en her child is killed by a drunk driving father who the Juvenile Court had placed the child with and at a time when the social workers had been told and confirmed the father was driving under the influence with the child in his car?

Question Presented (AI Summary)

Does a parent who in a state court dependency proceeding submitted to jurisdiction on a staff prepared jurisdictional report and did not submit on a dispositional report 'impliedly' waive the right to sue for loss of Familial Association when her child is killed by a drunk driving father who the Juvenile Court had placed the child with and at a time when the social workers had been told and confirmed the father was driving under the influence with the child in his car?

Docket Entries

2022-06-27
Petition DENIED.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-02
Reply of petitioner Amy Nichols-Stuart filed. (Distributed)
2022-05-18
Brief of respondent County of Amador, California, et al. in opposition filed.
2022-01-18
Petition for a writ of certiorari filed. (Response due May 23, 2022)

Attorneys

Amy Nichols-Stuart
Kenneth Matthew Foley — Petitioner
County of Amador
John A. WhitesidesAngelo, Kilday & Kilduff, LLP, Respondent