No. 22-6618

Josiah E. v. Arizona Department of Child Safety, et al.

Lower Court: Arizona
Docketed: 2023-01-24
Status: Denied
Type: IFP
IFP
Tags: administrative-law civil-procedure civil-rights covid-19-impact due-process fourteenth-amendment parental-rights pretrial-detainee standing statutory-interpretation termination-proceeding
Latest Conference: 2023-03-24
Question Presented (from Petition)

Did the Arizona Court of Appeals Division One Err by affirming the Termination of Paternal Parental rights over his two biological Children in a Maricopa County Superior Court order that does not make any Finding of "parental Unfitness", as is required under the Due Process and Equal Protection Clauses of the 14th Amendment to The US Constitution and by this Court in Santosky v. Kramer, 455 U.S. 745 (1982)?

Are Arizona Revised Statutes § 7-533 (t) & (a) and (c) @ and 15 months time-in-Care unconstitutional as applied to a pretrial detainee parent, when they are used as the sole grounds to Terminate the parental rights of a pretrial detainee parent who is merely accused and is awaiting Trial in the Criminal Court, in Violation of the Due Process Clause of the 14th Amendment to the US Constitution?

Are Arizona Revised Statutes § 9-533 (8) & (4) and (c) Unconstitutionally overbroad in Violation of the US Constitution?

Are Arizona Revised Statutes § 3-533 (6) & (a) and (c) Unconstitutionally Vague in violation of the US Constitution?

Did the Arizona Court of Appeals - Division One err by affirming the Maricopa County Superior Court's Juvenile Court's Denial of Father and Arizona DCS's motions for a Continuance of trial due to the highly Contagious and potentially fatal Covid-19 virus, in violation of Father's right to fundamentally fair procedures in a Termination of parental rights proceeding under the 14th Amendment and Santosky v. Kramer, 455 U.S. 745?

Question Presented (AI Summary)

Whether the lower court erred in its application of the Ruloyed Cases 995.3 and A

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2023-01-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 23, 2023)
2022-11-30
Application (22A475) granted by Justice Kagan extending the time to file until January 23, 2023.
2022-11-14
Application (22A475) to extend the time to file a petition for a writ of certiorari from November 24, 2022 to January 23, 2023, submitted to Justice Kagan.

Attorneys

Josiah E.
Josiah English III — Petitioner