In re D.P.
Annotate this CaseThe Department of Health and Human Services filed a child protection petition against D.P.'s parents, alleging that the parents placed D.P. in jeopardy. Mother filed a petition to terminate her own parental rights without a jeopardy hearing. In the petition, Mother agreed to a finding of jeopardy based on her substance abuse but sought to avoid a jeopardy hearing involving evidence of her sexual abuse of D.P. The court dismissed mother's termination petition, concluding that Mother did not have a statutory or constitutional right to petition to terminate her own parental rights or to forgo a full jeopardy hearing. After a jeopardy hearing, the court found jeopardy as to both parents based on domestic violence, abandonment, and sexual abuse of D.P. The Supreme Court affirmed, holding that the court did not err in holding the jeopardy hearing despite Mother's desire to terminate her parental rights on grounds of her own choosing, as (1) Mother was not statutorily authorized to petition to terminate her own parental rights; and (2) the lack of such statutory authority did not violate the U.S. Constitution.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.