Cardozo Journal of Equal Rights & Social Justice
Abstract
The note examines the evolving legal recognition of foster parents' rights, particularly focusing on the constitutional protections afforded to long-term foster parents under the Due Process Clause of the Fourteenth Amendment. It highlights the significance of the Rodriguez v. McLoughlin case, which established that foster parents who have formed strong emotional bonds with a child and are in the process of adoption may have a constitutionally protected liberty interest in their relationship. The analysis emphasizes the tension between the contractual nature of foster care and the emotional ties that develop, advocating for due process protections for long-term foster parents while maintaining a narrow scope to prevent overextension of rights.
Disciplines
Constitutional Law | Fourteenth Amendment | Law | Law and Gender
Recommended Citation
Melissa F. Savage,
The Ties That Bind,
6
Cardozo J. Equal Rts. & Soc. Just.
129
(1999).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol6/iss1/6