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WINSTON v. CHILDREN AND YOUTH SERVICES

No. 90-1788.

948 F.2d 1380 (1991)

Samuel WINSTON, Jr., a minor by his parents, Maryann and Samuel WINSTON, Sr., on behalf of himself and all others similarly situated; Maryann Winston and Samuel Winston, Sr., on behalf of themselves and all persons similarly situated, Appellants, v. CHILDREN AND YOUTH SERVICES OF DELAWARE COUNTY; H. Scott Campbell; Sandra Cornelius; County of Delaware; John F. White, Jr.

United States Court of Appeals, Third Circuit.

Decided November 7, 1991.

Rehearing Denied December 3, 1991.

Attorney(s) appearing for the Case

Jon J. Auritt, Patricia A. Malley (argued), Media, Pa., for appellants.

Michael P. Dignazio (argued), Nelson & Dignazio, Media, Pa., for appellees, Children and Youth Services of Delaware County, H. Scott Campbell, Sandra Cornelius, and County of Delaware.

Anne Fiorenza (argued), Calvin R. Koons, Office of Atty. Gen. of Pa., Harrisburg, Pa., for appellee, John F. White, Jr.

Anne Vaughan, Margaret A. Lenzi, Delaware County legal Assistance, Chester, Pa., for amicus curiae, Parents Rights Organization in Support of Appellants.

Samuel B. Magdovitz, Emily Buss, Juvenile Law Center, Philadelphia, Pa., for amicus curiae, Juvenile Law Center.

Before SLOVITER, Chief Judge, COWEN and GARTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Plaintiffs appeal from the judgment of the district court entered against them in their action challenging the visitation policy and practice of defendant Children and Youth Services of Delaware County and a regulation of the Pennsylvania Department of Public Welfare as violating the federal Adoption Assistance and Child Welfare Act and plaintiffs' constitutional rights...

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