Santosky v. Kramer

455 U.S. 745 (1982)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A New York State law allowed termination of parent child status on a showing by a preponderance of evidence that the child was permanently neglected. Santoskys (D) were the natural parents of Tina and John and after incidents reflecting parental neglect, Kramer (P), Commissioner of the Ulster County Department of Social Services initiated a neglect proceeding against D. While these proceedings were ongoing, the children were removed from their home and even a third child just born was placed in foster care on the grounds that immediate removal was necessary to avoid the imminent danger to his life and health. P then petitioned the Court to terminate parental rights in the three children. P challenged the constitutionality of the preponderance standard of evidence, but that was rejected. D prevailed, and P appealed. Eventually, the Supreme Court granted certiorari.