489 U.S. 189 (1989) · 6–3
The Constitution imposes no affirmative duty on the state to protect a child from a private actor, even when caseworkers know about the abuse and fail to act.
Why it matters
Federal §1983 claims against CPS for failing to act almost always fail. Defines the "special relationship" doctrine that applies once a child is in state custody.
455 U.S. 745 (1982) · 5–4
Before permanently terminating parental rights, a state must prove its grounds by at least clear and convincing evidence. Preponderance is insufficient.
Why it matters
Sets the constitutional floor for the burden of proof in every TPR case. Your documentation and testimony must support that elevated standard.
405 U.S. 645 (1972) · 5–2
An unwed biological father is entitled to a hearing on his fitness before the state can take his children. The foundation of putative-father rights.
Why it matters
Pairs with Santosky and Troxel. Establishes that fitness must be adjudicated, not presumed, before a parent loses a child.
530 U.S. 57 (2000) · 6–3
A fit parent's decision about who has contact with their child is presumed correct. Courts cannot override it through a simple "best interests" balancing test.
Why it matters
Operationalizes the fit-parent presumption. Constrains how casework recommendations can be framed in intact families.
268 U.S. 510 (1925) · 9–0
Parents have a constitutional right to direct the upbringing and education of their children. The historical anchor of family-autonomy doctrine.
Why it matters
The foundational substantive due-process case underlying Troxel and the modern parental-rights line.
406 U.S. 205 (1972) · 6–1
Amish parents' free-exercise rights allowed an exemption from compulsory schooling beyond eighth grade.
Why it matters
Companion to Pierce on parental autonomy in education, and the limits of the state's interest in compulsory schooling.
599 U.S. 255 (2023) · 7–2
The Indian Child Welfare Act is constitutional. Tribal placement preferences, "active efforts," and the heightened TPR standard for Indian children remain federal law.
Why it matters
Screen every case for ICWA applicability from first contact. Provide tribal notice. Honor jurisdictional transfer rights.
570 U.S. 637 (2013) · 5–4
Narrows certain ICWA provisions in a specific factual posture involving a noncustodial biological father.
Why it matters
Pairs with Brackeen. Shows how ICWA's protections turn on prior custody and the facts of the parental relationship.