IN RE ADOPTION J9610436

No. 58, Sept. Term, 2001.

796 A.2d 778 (2002)

368 Md. 666

In re ADOPTION/GUARDIANSHIP NOS. J9610436 and J9711031 in the Circuit Court for Carroll County.

Court of Appeals of Maryland.

April 16, 2002.


Attorney(s) appearing for the Case

Fred S. Hecker (MacDonald & Hecker, P.A., on brief), Westminster, for petitioner.

Nancy C. Hopkins, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, for respondent.

Debra Gardner, Deborah Thompson Eisenberg, Lewis Yelin, Public Justice Center, Lauren Young, Kenneth Wardlaw, Maryland Disability Law Center, Stephen H. Sachs, Wilmer, Cutler & Pickering, Baltimore, brief of Amici Curiae, the Public Justice Center, The Maryland Regional Practitioners' Network for Fathers and Families and (As to Part I Only): The Maryland Law Center, The Arc of Anne Arundel County, The Arc of Maryland, The Arc of the United States, Independence Now, Making Choices for Independent Living, Maryland Adapt, Maryland Statewide Independent Living Council, and People on the Go of Maryland for petitioners, amici curiae

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, and BATTAGLIA, JJ.


CATHELL, Judge.

Prior to a termination of parental rights, the parent and perhaps the child have fundamental federal and state constitutional rights to the maintenance of the parent/child relationship. This relationship, absent constitutional amendments, cannot be unreasonably abrogated by federal or state statutes, federal or state regulations, administrative practices, by the need to qualify for federal or state funds, or by the "safer course doctrine." These rights...

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