Eric E. v. Los Angeles County Department of Children and Family Services

This Petition for Writ of Certiorari (Petition) originates from child custody proceedings initiated by Respondent the Los Angeles County Department of Children and Family Services (DCFS) against Petitioner Eric E. (Father), a career military veteran and father of his son Adam E., who was 16 years old at the time. After a Court trial, custody was awarded to Adam E.’s mother over the objection of Father, who had asserted (among other contentions) his California and Federal Constitutional right to a jury trial of the factual allegations against him. The California Court of Appeal dismissed Father’s appeal as moot in light of the age of Adam E., who was approaching adulthood while the appeal was pending. Appendix (App.) 3a. The California Supreme Court denied review. App. 1a. The questions presented are:

1. Whether, under the incorporation doctrine, the Seventh Amendment right to a jury trial should apply to the States for parents in quasi-prosecutorial dependency proceedings, wherein the finder of fact determines the truth or falsity of allegations which threaten the deprivation of a fundamental liberty interest in child custody.

2. Whether, independent of the Seventh Amendment, the Due Process Clause of the Fourteenth Amendment requires States to provide parents the right to a jury trial in quasi-prosecutorial dependency proceedings, wherein the finder of fact determines the truth or falsity of allegations which threaten the deprivation of a fundamental liberty interest in child custody.