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LASSITER v. DEPARTMENT OF SOCIAL SERVICES

No. 79-6423.

452 U.S. 18 (1981)

101 S.Ct. 2153

68 L.Ed.2d 640

LASSITER v. DEPARTMENT OF SOCIAL SERVICES OF DURHAM COUNTY, NORTH CAROLINA.

Supreme Court of United States.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Leowen Evans argued the cause pro hac vice for petitioner. With him on the briefs were Gregory C. Malhoit and Robert L. Walker.

Thomas Russell Odom argued the cause for respondent. With him on the brief was Lester W. Owen.

Steven Mansfield Shaber, Assistant Attorney General, argued the cause for the State of North Carolina as amicus curiae urging affirmance. With him on the brief for the State of North Carolina et al. as amici curiae were Rufus L. Edmisten, Attorney General of North Carolina; Richard S. Gebelein, Attorney General of Delaware, and Regina Mullen Small, State Solicitor; Bill Allain, Attorney General of Mississippi, and Jim R. Bruce, Special Assistant Attorney General; Jim Smith, Attorney General of Florida, and Sidney H. McKenzie, Assistant Attorney General; Richard R. Bryan, Attorney General of Nevada, and Claudia K. Cormier, Deputy Attorney General; and Steve Clark, Attorney General of Arkansas, and Robert R. Ross, Deputy Attorney General.*

Wm. Reece Smith, Jr., filed a brief for the American Bar Association as amicus curiae.

JUSTICE STEWART delivered the opinion of the Court.

I

In the late spring of 1975, after hearing evidence that the petitioner, Abby Gail Lassiter, had not provided her infant son William with proper medical care, the District Court of Durham County, N. C., adjudicated him a neglected child and transferred him to the custody of the Durham County Department of Social Services, the respondent here. A year later, Ms. Lassiter was charged with first-degree murder...

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