D. A. S. v. Madison County Department of Human Resources

First Question Presented: An indigent parent relocated to a State with expanded Medicaid to get addiction treatment, because his home State, which was adjudicating his parental rights, did not have expanded Medicaid, and had failed to provide him with necessary, adequate reunification services, pursuant to 42 U.S.C. §671(a)(15)(B). On the date set for trial, the indigent parent is 1,200 miles away in a 42 C.F.R. Part 2 addiction treatment program and requests to participate at his trial remotely. If the adjudicating State has the technical capability to grant such a request for remote participation but denies it, is that denial a violation of the parent’s due process? Second Question Presented: Is a State order terminating a parent’s rights valid if the State violated the parent’s rights of due process, equal protection, and to be secure in effects and papers, and if the State violated federal law 42 U.S.C. §290dd-2, and federal regulation 42 C.F.R. Part 2, during the trial to adjudicate that parent’s rights forever? Third Question Presented: During a State’s bifurcated custody proceedings, if the State violated federal laws & regulations, and a parent’s rights of due process, equal protection, and to be secure in effects and papers, and that State then terminates the