Amicus Brief: Camreta v. Greene
Amici are non-profit organizations, with memberships in various states, that share a common concern over laws and policies that impact the family. The Family Research Council (FRC) is a 501(c)3 non-profit organization located in Washington, D.C., that exists to develop and analyze governmental policies affecting the family. FRC is committed to strengthening traditional families in America and advocates policies promoting that goal. Therefore, FRC supports an understanding of the Fourth Amendment that protects parents' rights regarding their children's interaction with government agencies. The American Coalition for Fathers and Children (ACFC) based in Washington, D.C. is also a non-profit organization that recognizes the parent and child relationship is essential to our society and constitutionally protected against unreasonable government interference. Their collective work has included policy reports, education, testimony before governmental bodies, and litigation.
The propriety of child abuse investigations is inextricably intertwined with one of this nation's oldest, most sacred fundamental liberties--the right of parents in the care, custody, control, and management of their child, and the right to maintain family integrity. The Ninth Circuit's holding was in part based on the Fourteenth Amendment fundamental liberty interest of parents. Greene v. Camreta, 588 F.3d 1011, 1037 (9th Cir. 2009). Even this Court's consideration of the matter under the Fourth Amendment, will undoubtedly implicate the parents' procedural and substantive due process rights under the Fourteenth Amendment. M.L.B. v. S.L.J., 519 U.S. 102, 121 ("due process and equal protection principles converge"). "What process is constitutionally due cannot be divorced from the nature of the ultimate decision that is being made." Parham v. J.R., 442 U.S. 584, 608 (1979).