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E.S.H. v. K.D.

Certiorari Denied

Petition for certiorari denied on November 15, 2010.

Docket No.10-204

Issue

1) Whether denying a parent the right to raise his child in the absence of a compelling state interest and narrowly tailored means violates the Fourteenth Amendment, 2) whether Pennsylvania's in loco parentis doctrine, which allows legal strangers to seek custody of a child, violates the right of the child's parent to raise his child, and 3) whether a showing that a parent's action or inaction resulted in harm to the child is required to demonstrate a "compelling" state interest warranting the state's interference with a parent's right to raise his child.

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