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Saturday, January 28, 2017

Is New York's Statutory Scheme To Terminate Parental Rights Flawed ?

In Santosky v Kramer (455 US 745 [1982]), the Supreme Court held that New York's statutory scheme to terminate parental rights was flawed because due process required that the fact-finding determination be made by clear and convincing evidence, as opposed to a preponderance of the evidence standard.

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