10-2701 Siliven v. Indiana Dep’t. of Child Services

By: WISCONSIN LAW JOURNAL STAFF//March 16, 2011//

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Civil Rights
Familial integrity

Where social services placed a child with its grandmother rather than foster care pending a child abuse investigation, the parents’ constitutional right to familial integrity was not violated.

“Here, defendants’ suspicion of past and possible imminent abuse by Mark was based on definite and articulable evidence—namely, Dr. Laskey’s opinion that C.S.’s injuries were caused by an adult using enough force to injure him, and the record of a past accusation of abuse against Mark. Above, we concluded that that evidence was sufficient to establish probable cause. It follows that it must also be sufficient to satisfy the less demanding reasonable suspicion standard. Therefore, we can find no substantive due process violation.”

Affirmed.

10-2701 Siliven v. Indiana Dep’t. of Child Services

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Flaum, J.

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