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RIVERA v. MARCUS

No. 189, Docket 82-7311.

696 F.2d 1016 (1982)

Dorothy RIVERA, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Marc MARCUS, Commissioner of Children and Youth Services of the State of Connecticut and John F. Harder, Acting Commissioner, State Welfare Department, Defendants, Marc Marcus, Commissioner of the Department of Children and Youth Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Robert A. Nagy, Asst. Atty. Gen., State of Conn., Hartford, Conn. (Carl R. Ajello, Atty. Gen., State of Conn., Hartford, Conn., of counsel), for defendant-appellant.

Deborah S. Freeman, Connecticut Civil Liberties Union Foundation, Hartford, Conn. (Sue Ann Shay, Neighborhood Legal Services, Hartford, Conn., of counsel), for plaintiff-appellee.

Patrick Malone, Yale Law School, New Haven, Conn. (Stephen Wizner, P.J. Pittman, John L. Pottenger, Jr., Mary McCarthy, Jerome N. Frank, Legal Services Organization, Susan Casey, Yale Law School, New Haven, Conn., of counsel), court-appointed counsel for the minor children.

Before KAUFMAN, MESKILL and FAIRCHILD, Circuit Judges.

MESKILL, Circuit Judge:

We are asked in this appeal to determine whether the procedures used by the State of Connecticut to remove children from foster homes comport with due process. The district court found that the appellee, Mrs. Dorothy Rivera, who was both custodial relative and foster parent to the two children living in her home, should have been provided with greater due process protections when the state removed these children. We affirm.

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