· 10/3/2006
Dupuy, Belinda v. Samuels, Bryan
Citations
- 465 F.3d 757
- 2006 U.S. App. LEXIS 24655
- 2006 WL 2819745
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the potential threat of removal proceedings does not necessarily render a parent’s consent to a safety plan involuntary
- rejecting parents’ argument that state agency had coerced their consent by threatening to remove their children where the agency had the valid legal authority to do so
- agency had no right to threaten removing child from parents’ custody where it did not suspect the parents of child abuse
- “Because the safety plan is voluntary, no hearing of any kind is necessary; hearings are required for deprivations taken over objection, not for steps authorized by consent.”
- “Because [a] safety plan is voluntary, no hearing of any kind is necessary . . . .”
- “It is not a forbidden means of coercing a settlement to threaten merely to enforce one's legal rights”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Easterbrook, Evans
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.