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E. R. v. New Jersey Division of Child Protection and Permanency

IFP petition · Superior Court of New Jersey, Appellate Division, No. A-2469-23 · judgment January 14, 2026


Certiorari denied · October 19, 2026

Question presented

Whether the Due Process Clause permits a State to withhold custody of a child from a previously non-custodial parent without first overcoming the presumption of fitness recognized in Stanley v. Illinois, 405 U.S. 645 (1972) and then rely upon the absence of a parent-child relationship resulting from that denial of custody and State-imposed conditions on visitation as grounds to terminate parental rights?

Counsel of record

For petitioner
Ted Gary Mitchell
Office of Parental Representation, Appellate

For respondent
Noel Christian Devlin
New Jersey Office of the Public Defender, Office o

Case

Conference history
Distributed for 1 conference

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 19 2026
    Petition DENIED.
  2. Oct 02 2026
    Reply of petitioner E. R. filed. (Distributed)
  3. Oct 01 2026
    DISTRIBUTED for Conference of 10/16/2026.
  4. Sep 17 2026
    Brief of respondent J.S. in opposition filed.
  5. Sep 15 2026
    Waiver of right of respondent New Jersey Division of Child Protection and Permanency to respond filed.
  6. Aug 13 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2026)