Hernandez Ex Rel. Hernandez v. Foster

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that seizure of a child pursuant to a safety plan violates substantive due process only when the parent’s consent is obtained through duress or other illegal means
• holding that a state official may not misrepresent facts to obtain a child’s removal
• stating that the DCFS investigator did not have a reasonable suspicion that the child “had been abused or was in imminent danger of abuse”
• holding that “it is improper to obtain consent to a safety plan through du- ress or other illegal means” including when a case worker threatens “to take an action that she has no legal authority to take”
• recognizing that the Four- teenth Amendment protects parental custody rights
• recognizing that the Four- teenth Amendment protects parental custody rights

Source: CourtListener parenthetical corpus (CC0).