What is the stigma plus test

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Question 1. The stigma plus test is used to determine whether a person has a liberty interest in their good name and reputation. What is the stigma plus test? Please give an example of both elements of the test.

Question 2.The court performed the stigma plus test and determined that a person has a liberty interest in the good name and reputation. How do we determine whether the State has violated that liberty interest?

Question 3. The state can regulate anything. Whether the state writes a law that is constitutional, is another issue. With this in mind, what is the constitutional significance if the state writes a law that may infringe on a parents right of privacy

Question 4. Assume Jane is taken from her parents and placed in foster care. Jane is molested by one of her foster parents. The foster parent who molested Jane has never been criminally convicted of abusing children. The foster parent that abused Jane was arrested for abusing his own child 10 years earlier. The case was never prosecuted. Has the State violated Jane''s liberty interest?

Question 5. Jane is a 10-year-old girl. She is involuntarily committed to a private mental health facility by her parents. The facility has no review process for Jane''s release until she has been in the facility for 6 months. The only people who can take Jane out of the facility, prior to the six-month evaluation, are her parents. State law allows this to be done without any type of court hearing. Does this violate Jane's constitutional rights to procedural due process? Please do a constitutional analysis and cite all case law.

Question 6 Under Florida law what is the definition for abuse? What is the definition for neglect? Please give the appropriate statutory cite for your answer.

Reference no: EM132556880

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