SANTOSKY V. KRAMER
455 U.S. 745 (1982)
NATURE OF THE CASE: This was a dispute over the standard of proof needed in order to
terminate a parent-child relationship.
FACTS: A New York State law allowed termination of parent child status on a showing by a
preponderance of evidence that the child was permanently neglected. Santoskys (D) were the
natural parents of Tina and John and after incidents reflecting parental neglect, Kramer
(P), Commissioner of the Ulster County Department of Social Services initiated a neglect
proceeding against D. While these proceedings were ongoing, the children were removed from
their home and even a third child just born was placed in foster care on the grounds that
immediate removal was necessary to avoid the imminent danger to his life and health. P then
petitioned the Court to terminate parental rights in the three children. P challenged the
constitutionality of the preponderance standard of evidence but that was rejected. D
prevailed and P appealed. Eventually the Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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