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In re Valerie D.: Prenatal Conduct an Insufficient Basis for Termination of Parental Rights

NCJ Number
153835
Journal
New England Law Review Volume: 28 Issue: 2 Dated: (Winter 1993) Pages: 483-514
Author(s)
H K Kimmel
Date Published
1993
Length
32 pages
Annotation
This article examines the court's statutory analysis in deciding In re Valerie D. and discusses the ramifications of that analysis.
Abstract
A unanimous Connecticut Supreme Court decided that a mother's prenatal conduct, by itself, does not empower the State to terminate parental rights. By so doing, the Connecticut Supreme Court prevented the State from enacting the harshest termination statute in the Nation. Part II of this article presents the constitutional framework under which the Connecticut Supreme Court was bound. Part III examines the pertinent Connecticut statutes and discusses cocaine, its physiological effects on the baby, and its psychological effects on family dynamics. Part IV addresses pertinent case law in other jurisdictions. Part V relates the facts of the case and its procedural history, and Part VI discusses the Connecticut Supreme Court decision. Part VII presents an analysis of In re Valerie D. and suggests why this decision was judicially correct beyond the statutory approach taken by this court. 310 footnotes

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