MILLER v. CALIFORNIA

No. 02-16780.

355 F.3d 1172 (2004)

Charles W. MILLER; Patricia A. Miller, Plaintiffs-Appellants, v. State of CALIFORNIA, Department of Social Services, Defendant, and Yuba County Human Services Agency; Child Protective Services; Evelyn Joslin; Mike Noda; Phyllis Bullard; Penny Elliott; Ginny Tuscano, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2004.


Attorney(s) appearing for the Case

Roderick L. MacKenzie, MacKenzie & Brody, Sacramento, California, for the plaintiffs-appellants.

Jennifer E. Duggan, Terence J. Cassidy, Avery E. Dority, Porter, Scott, Weiberg & Delehant, Sacramento, California, for the defendants-appellees.

Before BRIGHT, D.W. NELSON, and RYMER, Circuit Judges.


RYMER, Circuit Judge.

We must decide two related questions arising out of a protracted and contentious dependency dispute: whether noncustodial grandparents, acting as de facto parents to grandchildren who are dependents of the juvenile court, have a substantive due process right to family integrity and association with those grandchildren; and whether placing the grandfather's name on the California Child Abuse Central Index (CACI) violates his constitutional right...

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