SYLVANDER v. NEW ENGLAND HOME FOR LITTLE WANDERERS

Civ. A. Nos. 75-4039-T and 76-2912-T.

444 F.Supp. 393 (1978)

Gail SYLVANDER, for herself and on behalf of her natural son, Michael J. Sylvander v. NEW ENGLAND HOME FOR LITTLE WANDERERS.

United States District Court, D. Massachusetts.

January 3, 1978.


Attorney(s) appearing for the Case

Lewis & Lewis, Ben D. Lewis, Taunton, Mass., James H. Wexler, East Boston, Mass., for Sylvander.

Van C. Lanckton, Boston, Mass., Gen. Counsel, for amicus Dept. of Public Welfare.

Robert C. Silver, Hale, Sanderson, Byrnes & Morton, Robert H. Flynn, Boston, Mass., for N. E. Home.

Stephen P. Berzon, Washington, D. C., Marian Wright Edelman, for amicus.

Jeremy A. Stahlin, Shubow, Stahlin & Bergstresser, Inc., Boston, Mass., for amicus Children's Service Ass'n and Catholic Charitable Bureau of Boston.


MEMORANDUM AND ORDER

TAURO, District Judge.

Plaintiff-petitioner (hereinafter plaintiff)1 challenges the constitutionality of the statutory procedure under which her rights over her child were terminated without her consent. Defendant is a licensed child care agency. At issue is Mass.Gen.Laws ch. 210, § 32 which allows non-consensual termination upon a finding by a probate judge that adoption...

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