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← 12 P3D 1221 - People Ex Rel. Tb

People Ex Rel. Tb’s Empirical Analysis

2000

Citation profile

10
cited by 10 later decisions
7
states following
March 2019
most recently cited

10 state decisions

Relationships

Applies 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12131 (§ 201 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12132 (§ 202 of the Americans with Disabilities Act of 1990)

Relies on Santosky v. Kramer · Wisconsin v. Yoder · Prince v. Commonwealth of Massachusetts · J.T. v. Arkansas Department of Human Services · People ex rel. A. M. D.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The proper focus of [a TPR] proceeding is the welfare of the child. Regardless of the special needs or restricted capabilities of the parent, the child is entitled to at least a minimum level of parental care. Although the Department of Human Services is a public entity and thus is subject to the ADA, nothing in the ADA suggests that a violation of the statute would interfere with the right of the state to terminate parental rights. To allow the provisions of the ADA to constitute a defense to terminate parental rights would improperly elevate the rights of the parent above those of the child.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.