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Abstract

The judicial termination of parental rights implicates several constitutional rights, including the parental right to rear one’s child. The Supreme Court of Tennessee has addressed this issue by requiring an appellate review of every ground for termination, regardless of whether it was raised on appeal, in the case of In re Carrington H. (2016). The court based its analysis partially on safeguarding procedural due process. This article examines whether procedural due process under the Fourteenth Amendment requires such an appellate safeguard and discusses what possible alternatives a state might have.

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