Ammar I. v. Connecticut

The Petitioner in this case is the natural father of three children, removed from their natural mother’s care and kept in ‘temporary’ foster placement (while on a plan of reunification with their parents) for 48 months between the date of their removal and the date of the decision terminating the Petitioner’s parental rights. The foster household practices a religion different than that of the children’s. In the termination proceeding, the court relied on reconsidered findings from a prior (neglect) proceeding to terminate Petitioner’s parental rights and disregarded the children’s religious affiliation. The questions presented are: 1- Whether the State’s prolonged ‘temporary’ foster placement (in excess of 40 months) of children on a plan of reunification, violated federal law, impinged upon a claimed religious freedom and violated the Petitioner’s rights under the Fourteenth Amendment’s Due Process Clause. 2- Whether the State court’s reconsideration/relitigation of findings from a prior proceeding: a) Violated the Fifth and Fourteenth Amendment’s Due Process Clause, and; b) Deprived the Petitioner of his fundamental right to a fair trial resulting in the erroneous deprivation of his parental rights.