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- Title
Aligning Appellate Standards of Review To Match the Constitutional Liberty Interests Implicated in a Termination of Parental Rights Proceeding.
- Authors
Maken, Debbie
- Abstract
The article argues for the state of Florida to align its appellate standards of review to match the constitutional liberty interests implicated in a termination of parental rights proceeding. Topics discussed include the deferential standard of review used in Florida, requirement in other U.S. states for de novo review to protect the constitutional right at stake, Due Process Clause of the 14th Amendment and the burden of proof, and associational rights sheltered by the 14th Amendment.
- Subjects
APPELLATE procedure; PARENT-child legal relationship; JUDICIAL review; JUDICIAL deference; CIVIL rights; DUE process of law; BURDEN of proof; UNITED States. Constitution. 14th Amendment
- Publication
Florida Bar Journal, 2024, Vol 98, Issue 2, p22
- ISSN
0015-3915
- Publication type
Article