Siefert v. Hamilton County, No. 18-4179 (6th Cir. 2020)
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When the Sieferts’ child started experiencing suicidal thoughts, they took the teenager to Children’s Hospital near Cincinnati. After about a week, the Sieferts’ insurance company determined that Minor Siefert had no medical problems and denied further coverage. The Sieferts decided to bring their child home but the doctors and social workers resisted. For four weeks, the Sieferts wrangled with the hospital and county about getting their child back. Only after the Sieferts signed a voluntary safety plan did the child leave the facility. The Sieferts sued the county, its employees, the hospital, and its doctors, alleging substantive and procedural due process violations. The district court dismissed the hospital and county defendants.
The Sixth Circuit reversed in part. The Sieferts adequately pled procedural due process violations “[e]ven a temporary deprivation of physical custody requires a hearing within a reasonable time.” The issue of their consent was not appropriate for summary judgment. The hospital may be considered a state actor in these circumstances. Children’s and Hamilton County worked together, collaborating and communicating about Minor Siefert’s situation. Rejecting substantive due process claims, the court stated that the defendants’ opting to err on the side of protecting the child at the expense of depriving the parents of their parental rights for a month is not conduct that shocks the conscience. The Sieferts’ claims against the county entities must fail under “Monell.”
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