Written by attorneys · grounded in primary & secondary sources — see below
A procedural safeguard required by the Due Process Clause before the government may deprive an individual of a protected liberty interest such as the custodial relationship between a parent and child. The safeguard consists of notice and an opportunity to be heard at a meaningful time before any automatic severance of that interest.
Sources & Authorities
How it applies
Common Examples
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Automatic Foster Placement After Mother's Death
Francois Fortier had lived with his partner and their daughter for seven years and served as the child's primary caregiver. When the partner died, the state welfare agency flagged Francois as an unverified father in its database and placed the child in foster care without notice or a hearing. Francois sued, arguing that the automatic removal violated his protected relationship with the child. The court held that due process required an individualized hearing to determine whether the parental relationship should be severed.
Board Approval of Controlling Shareholder Merger
Felicia Fuentes served on the board of a subsidiary whose controlling shareholder proposed a short-form merger. The board approved the transaction without conducting an independent review of the terms or seeking a fairness opinion. Minority shareholders challenged the merger on the ground that the process lacked any meaningful scrutiny. The court examined whether the absence of a fair process undermined the overall fairness of the transaction to the minority.
Select any source to read its text and confirm it supports the definition.
Cases
Hornbooks
Omnicare, Inc. v. NCS Health Care, Inc.818 A.2d 914 (Del. 2003)
Common questions
Frequently Asked
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What does fair process require before the state removes a child from an unmarried father who has lived with the child?+
Fair process requires notice and an opportunity to be heard before the state severs the father's established custodial relationship. An automatic removal based solely on marital status or an administrative label is insufficient. The hearing must allow the father to present evidence of his fitness and ongoing parental role.
Supporting sources
Does fair process apply only when the father has actually formed a family unit with the child?+
Yes. Constitutional protection attaches only when the unmarried father has lived with and cared for the child, creating a real parental relationship. Mere biological status without day-to-day involvement does not trigger the requirement of an individualized hearing before removal.
Supporting sources
Can a state policy that presumes all unmarried fathers in certain jobs are unfit satisfy fair process?+
No. A categorical presumption based on employment type or marital status alone denies the individualized determination that due process demands. The state must afford the father a hearing to show his actual fitness and caregiving arrangements.
…directors to prove that the transaction was entirely fair to the corporation because it would be difficult to demonstrate fair process. See Weinberger v. UOP, Inc. , 457 A.2d 701, 711 (Del.1983). Graham , 188 A.2d at 130. Brehm , 746 A.2d at 259; Official Comm. Of Unsecured Creditors of Integrated Health Services,…
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