R. M. S. v. Madison County Department of Human Resources

First Question Presented: When a State initiates child custody proceedings, does 28 U.S.C. §1738A(e), the national standard for custody determinations between states, give a grandparent a federal statutory right of notice to the custody proceedings? Second Question Presented: Does a State’s federally-funded social service agency violate 42 U.S.C. §671(a)(19), 42 U.S.C. §671(a)(29), by purposely excluding a grandparent from its custody proceedings, placing the grandchild with legal strangers, never considering the grandparent for placement before strangers, and never considering if the grandparent is a viable alternative to dependency or termination of parent rights? Third Question Presented: If a State violates federal laws and regulations during its bifurcated child custody proceedings, the State violates a parent’s rights of due process, equal protection, and to be secure in effects and papers, and the State purposely excludes a grandparent from its custody proceedings, if the State then terminates the parent’s rights, which also terminates the grandparent’s rights, on appeal, must the State provide all of the records from its bifurcated custody proceedings, which were initiated, and bifurcated, without notice to the parent and grandparent?