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Can two parents have a Jury trial on a termination of parental rights case?

Spanaway, WA |

Both parents are mentally sound and have no criminal complaints against them in regards their child. The atty who was suppose withdraw and allow DAC to file the appeal refused and really messed up our chance for an appeal. Now CPS has gone further in kidnapping our child and wants to terminate our parental rights. As we have found, and two other attorneys had stated, This is not a weight issue, its an issue about how the family is. Meaning they dont like the idea of a child being raised by a arrogant man and his two girls being housewives. I would believe this would be a discrimination on how a family is not what the baby weighed at one time.

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Attorney answers 2

Best Answer
Posted

There is no right to a jury trial in a CPS case to terminate parental rights. However, there are sometimes defenses. You might be able to schedule a paid consultation with an experienced attorney, who would review the court file and then interview you about the facts.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

Asker

Posted

Some of my questions are trick questions. Because I might know the answer. Remember the Constitution still does exist

Bruce Clement

Bruce Clement

Posted

I’m well aware of the federal constitutional right to a jury trial. This right universally applies to all criminal cases, and most civil cases like personal injury, contract disputes, and so forth. However, the appellate courts (including the US Supreme Court) have ruled that the general federal right to a trial by one’s peers was not intended by the founders to apply to certain cases. Even in ancient English common law, from which our legal system derived, there were many types of cases where the right to a jury trial did not exist. Among the modern exceptions to the general rule requiring juries are cases involving the termination of parental rights by the state due to abuse or neglect of a child. There are apparently some states where a right to trial by jury in termination cases is granted by state statute or a state constitutional provision; I have not researched this issue. But the US Supreme Court has held that there is no federal constitutional right to a jury trial in cases brought by the state to terminate parental rights due to abuse or neglect. There is a good Wikipedia article online captioned “Jury Trial”. In that article the following quote appears: “In most US states, there is no right to a jury trial in family law actions not involving a termination of parental rights, such as divorce and custody modifications.” Like it or not, that’s the law in most states. Sincerely, Bruce Clement, Attorney at Law Clement Law Center 31919 1st Avenue S., Suite 103 Federal Way, WA 98003 Phone: 253-815-8440 Fax: 253-815-8458 This e-mail is intended only for the use of the individual or entity to whom it is addressed and may contain confidential, privileged information. If the reader of this e-mail is not the addressee, please be advised that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you receive this communication in error, please call immediately 253-815-8440 and return this e-mail to Clement Law Center at the above e-mail address and delete it from your files. Thank you.

Posted

There will be no jury trial in a parental termination case. The judge retains the right to make decisions that are in the best interest of the child.

LEGAL DISCLAIMER Mr. Pierce is licensed to practice law in Washing with an office in Seattle and services clients in all parts of Washington. He can be reached at 206-587-3757 or at the email address at piercefamilylaw.com Mr. Pierce is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Washington law. This response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Pierce strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

Asker

Posted

Some of my questions are trick questions. Because I might know the answer.

Asker

Posted

I disagree. The rules say that juviniles who are in criminal issues dont have the right to a jury trial....but it does not give the authority to the judge when its the parents who are on stand....not the child.

Rodney George Pierce

Rodney George Pierce

Posted

Please provide the "rules" which you believe would provide for a jury trial in a parental termination case.

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