Anmarie Calgaro v. St. Louis County, Minnesota, et al.

There are no U.S. Supreme Court cases on whether parental Due Process Clause rights apply to local governments and medical providers ending parental control over their minor children. Minnesota relies on its minor children to file common law petitions to emancipate from their parents—which can lead to temporary, partial, conditional, or full emancipation. But, by statutes, custom and practice, Minnesota’s counties, school districts, and medical providers end parental control over minors, in varying degrees, upon request by the minor, but without a judicial order of emancipation, without parental waiver, and without parental notice. Neither Minnesota’s statutes nor common law authorize parents to file court actions to restore their parental rights.

1. Whether parents’ Due Process Clause rights apply to local governments and medical providers ending parental rights, responsibilities or duties over their minor children’s welfare, educational, and medical care decisions without a court order of emancipation.

2. Whether the Eighth Circuit erred in affirming dismissal of Calgaro’s Due Process Clause claims for damages and equitable relief because, without a court order of emancipation, without parental waiver, and without parental notice: (A) Minnesota Statutes § 256D.05, subd. 1(a)(9), authorizes a county to deem a