What due process is required to terminate custody?

• A. Notice and hearing
• B. Notice and opportunity to explain
• C. Neutral fact finder
• D. Post-termination notice

Answer: (A)

Terminating custody involves a significant deprivation of a parent’s liberty interest in their child, so due process requires notice of the proceedings and a meaningful opportunity to be heard. That means the parent must be informed of the action and be allowed to present evidence, confront witnesses, and have the matter decided after a proper hearing. A mere opportunity to explain is not enough; due process expects a formal hearing where the state bears the burden to prove its case. While having a neutral decision-maker is important in many procedures, the essential requirement here is notice plus a hearing before terminating custody. Post-termination notice doesn’t address the procedural protections needed before the deprivation occurs.