moore sims argued february decided june school authorities reported suspected abuse one adult appellees children texas department human resources department department took temporary custody three appellees minor children instituted suit harris county juvenile emergency protection title texas family code juvenile entered emergency ex parte order giving temporary custody department appellees filed motion modify ex parte order unable obtain immediate hearing filed habeas corpus petition harris county rather renewing motion appealing ex parte order harris county ultimately entered order transferring venue montgomery county juvenile harris county judge direction department filed another suit also transferred montgomery county temporary custody children continued department rather attempting expedite hearing montgomery county appellees filed action federal district broadly challenging constitutionality interrelated parts title statutory scheme defining contours relationship permissible areas modes state intervention district denied appellees temporary restraining order later held state temporary orders expired children returned parents department filed new suit montgomery county issued order writ attachment ordering child suspected abused delivered temporary custody grandparents appellees countered filing federal district second application temporary restraining order addressed montgomery county juvenile granted district thereafter preliminarily enjoined department defendants filing prosecuting state suit challenged state statutes final determination subsequently determination made concluding abstention doctrine younger harris unwarranted litigation multifaceted involved custody children product procedural confusion state courts thereafter addressing merits constitutional challenges held light pending state proceedings federal district exercised jurisdiction abstained doctrine younger harris supra counseling abstention pending state proceeding reflects strong policy federal intervention state judicial processes absence great immediate irreparable injury federal plaintiff pp basic concern threat federal system posed displacement state courts national government applicable state criminal proceedings also civil proceedings important state interests involved huffman pursue case huffman state party state proceedings temporary removal child context like public nuisance statute involved huffman aid closely related criminal statutes district reference litigation multifaceted reason refusing abstention unclear appears reference meant either appellees constitutional challenge raised pending state proceedings view breadth challenge abstention inappropriate however respect pertinent inquiry whether state proceedings afford adequate opportunity raise constitutional claims texas law appears raise procedural barriers breadth challenge complex state statutory scheme traditionally militated favor abstention pp three distinct considerations counsel abstention challenges made state statutes first concern railroad pullman federal forced interpret state law without benefit consideration therefore circumstances constitutional determination predicated reading statute binding state courts may discredited time dangers increasing breadth challenge second need concrete case controversy concern also enhanced scope challenge one demonstrated instant case third concern threat federal system government posed needless obstruction domestic policy forestalling state action construing applying statutes alabama state federation labor mcadory almost every constitutional challenge particularly one far ranging involved offers opportunity narrowing constructions might obviate constitutional problem intelligently mediate federal constitutional concerns state interests pp respect appellees argument delay affording hearing state made younger abstention inappropriate federal injunction fact address state proceeding unnecessary obtain release children already placed appellees custody pursuant order gerstein pugh distinguished furthermore argument distinguished conventional claims bad faith sources irreparable harm case state authorities conduct evinced bad faith confusion confusion bad faith pp absence bad faith remain limited grounds applying younger claim properly made state proceedings motivated desire harass challenged statute flagrantly patently violative express constitutional prohibitions every clause sentence paragraph huffman supra present case extraordinary circumstances necessary irreparable injury shown even absence usual prerequisites bad faith harassment younger supra unless held every attachment issued protect child creates great immediate irreparable harm warranting intervention properly concluded state proceedings posture time federal action federal intervention warranted pp rehnquist delivered opinion burger white blackmun powell joined stevens filed dissenting opinion brennan stewart marshall joined post david young assistant attorney general texas argued cause appellants brief john hill attorney general david kendall first assistant attorney general steve bickerstaff kathryn reed ann clarke snell assistant attorneys general windell cooper porter argued cause appellees brief robert byrd martin grimm briefs amici curiae urging affirmance filed catherine mitchell martin schwartz community action legal services et al gary thomas robert steven ross east texas legal services stefan rosenzweig jeanette ganousis wanda dixie et al justice rehnquist delivered opinion title texas family code enacted first went effect january amended substantially following year title defines contours relationship permissible areas modes state intervention suit presents first broad constitutional challenge interrelated parts statutory scheme raises novel constitutional questions correlative rights duties parents children state suits affecting relationship litigation involving suspected instances child abuse initiated state authorities texas state courts state proceedings however enjoined district went find various parts title unconstitutional face applied noted probable jurisdiction appeal first raises question whether light pending state proceedings federal district exercised jurisdiction conclude done accordingly reverse remand instructions complaint dismissed appellees case husband wife three minor children seek declaration parts title texas family code unconstitutionally infringe family integrity litigation precipitated school authorities reported texas department human resources formerly state department public welfare march child paul sims suffered physical injuries apparently inflicted aggravated father visit osborne elementary school houston tex protect sims children investigate extent injuries texas department human resources hereinafter department day took temporary custody three sims children school examined physician doctor found children battered paul hospitalized days day took custody children department decided institute suit emergency protection children texas family code suit filed harris county juvenile march day children removed school pursuant texas code juvenile judge entered emergency ex parte order gave temporary custody children department five days later appellees appeared moved modify ex parte order proper procedure terminating department temporary custody hearing motion required texas law juvenile judge temporarily unavailable clerk returned motion appellees attorney rather renew motion appeal emergency order appellees filed petition writ habeas corpus harris county hearing petition held april date juvenile judge concluded venue properly neighboring montgomery county children residents transferred proceedings county see tex fam code tit judge direction see supp department filed suit affecting relationship authorized also transferred montgomery county addition judge issued temporary restraining order continuing department temporary custody children appellees actual knowledge action moved montgomery county indication effort made expedite hearing county appellees request early hearing state trial appellate courts appeal temporary order see stuart tex civ app instead april filed action district southern district texas thereby initiated two months procedural maneuvers state federal courts april temporary restraining order denied appellees district hearing application preliminary injunction ultimately set may department received notice federal proceeding april pending state proceedings suspended may however one day scheduled federal hearing simses returned system moving file original petition writ habeas corpus texas civil appeals motion denied want jurisdiction next day federal district held temporary orders issued state expired children returned parents although department enjoined pursuing new action state noted requesting consider appellees constitutional challenge title may department file new suit montgomery county state issued order writ attachment ordering paul sims delivered temporary custody grandparents set hearing may simses found purposes service hearing reset june simses countered filing district second application temporary restraining order addressed montgomery county juvenile granted may june entered preliminary injunction enjoining department defendants filing prosecuting state suit challenged state statutes final determination determination made october subject appeal concluding abstention doctrine younger harris unwarranted litigation multifaceted involved custody children product procedural confusion state courts district addressed merits due process challenges surveyed virtually every aspect proceedings texas sims state dept public welfare supp since conclude never embarked survey recount ii appellants argue federal district abstained case principles younger harris supra younger doctrine counsels abstention pending state proceeding reflects strong policy federal intervention state judicial processes absence great immediate irreparable injury federal plaintiff samuels mackell policy first articulated reference state criminal proceedings recognized huffman pursue basic concern threat federal system posed displacement state courts national government also fully applicable civil proceedings important state interests involved case huffman state party state proceedings temporary removal child context like public nuisance statute involved huffman aid closely related criminal statutes existence conditions presence vital concerns enforcement contempt proceedings juidice vail vindication important state policies safeguarding fiscal integrity public assistance programs trainor hernandez determines applicability principles bar institution later federal action huffman noted circumstances federal need stay hand face pending state proceedings younger civil counterpart apply today course allow intervention cases district properly finds state proceeding motivated desire harass conducted bad faith challenged statute flagrantly patently violative express constitutional prohibitions every clause sentence paragraph whatever manner whomever effort might made apply many challenged actions taken state involve judicial proceeding certainly pending state civil litigation even consider abstention ibid omitted meaning district reference litigation multifaceted unclear two possible interpretations suggest established principles equity exercise equitable powers inappropriate adequate remedy law see douglas city jeannette restated abstention context federal exert jurisdiction plaintiffs opportunity present federal claims state proceedings juidice vail supra emphasis original see gibson berryhill pertinent issue whether appellees constitutional claims raised pending state proceedings district reference reporting system reflects misunderstanding nature inquiry department suit necessarily implicate canris determinative question whether challenge raised pending state proceedings subject conventional limits justiciability point texas law apparently accommodating federal forum certainly abstention appropriate unless state law clearly bars interposition constitutional claims also intimations district opinion decision exert jurisdiction influenced broader novel consideration breadth appellees challenge title entire statutory scheme texas attempts deal problem child abuse challenged viewed integrated whole consider part scheme abstain another part seriously jeopardize hope effective statutory scheme name comity federalism violence state functions principles seek protect earliest abstention cases rooted notions equity railroad pullman observed dispute implicated sensitive area social policy upon federal courts enter unless alternative adjudication open found resources equity sufficient accommodate adjustment avoid friction premature constitutional adjudication obviate need federal interpret state law without benefit authoritative interpretation state thus evolved doctrine pullman abstention federal action stayed pending determination state issues central constitutional dispute justice frankfurter opinion observed history equity jurisdiction history regard public consequences employing extraordinary remedy injunction many variegated applications supple principle situations brought play public interests higher claim discretion federal chancellor avoidance needless friction state policies whether policy relates enforcement criminal law fenner boykin spielman motor dodge administration specialized scheme liquidating embarrassed business enterprises pennsylvania williams final authority state interpret doubtful regulatory laws state gilchrist interborough ibid second consideration need concrete case controversy concern also obviously enhanced scope challenge demonstrated instant case example appellees challenge texas family code provides standard proof suit affecting relationship shall preponderance evidence district held proceeding involving parental rights state must bear matter federal constitutional law burden clear convincing evidence yet proceeding pursued case point standard applied consequently appellees point injury fact second illustration challenge statutorily authorized preseizure investigative procedures apparently preseizure investigation case alabama state federation labor mcadory supra public service wycoff final concern prompted broad facial attacks state statutes threat federal system government posed needless obstruction domestic policy forestalling state action construing applying statutes alabama state federation labor mcadory supra seriousness federal judicial interference state civil functions long recognized consistently required federal courts confronted requests relief abide standards restraint go well beyond private equity jurisprudence huffman pursue sum pertinent inquiry whether state proceedings afford adequate opportunity raise constitutional claims texas law appears raise procedural barriers appellees seriously argue contrary rather contend granted hearing time thought entitled one practical opportunity present federal claims thus issue posed appellees whether conduct state judiciary fact denied appellees opportunity heard theory claim related district second theory younger abstention warranted case district framed second independent basis inapplicability younger principles follows note plaintiffs constitutional challenge directed primarily legality children seizure detention period without hearing clear issue raised defense normal course pending judicial proceeding abstention inappropriate see gerstein pugh denial custody children pending hearing regardless result hearing sufficient prevent application younger argument delay affording parents hearing state made younger abstention inappropriate distinguish argument conventional claims bad faith sources great immediate irreparable harm federal intervene traditional circumstances federal need stay hand simply agree conduct state authorities case evinces bad faith read district expressly finding confusion undeniable evident uncertainty regarding effective period temporary order regarding propriety entering order venue montgomery county confusion bad faith case confusion predictable byproduct new statutory scheme question much closer one appellees diligently sought hearing montgomery county harris county action transferred pursued appellate remedies determined bad faith remain limited grounds applying younger district find found harassment credibly claimed title flagrantly patently violative express constitutional prohibitions every clause sentence paragraph whatever manner whomever effort might made apply watson buck quoted younger harris district placed reliance observation younger may extraordinary circumstances necessary irreparable injury shown even absence usual prerequisites bad faith harassment see perez ledesma mitchum foster extensive explanation extraordinary circumstances might constitute great immediate irreparable harm kugler helfant although discussion reference state criminal proceedings fully applicable context well extraordinary circumstances render state incapable fairly fully adjudicating federal issues relaxation deference accorded state criminal process nature extraordinary circumstances course makes impossible anticipate define every situation might create sufficient threat great immediate irreparable injury warrant intervention state criminal proceedings whatever else required circumstances must extraordinary sense creating extraordinarily pressing need immediate federal equitable relief merely sense presenting highly unusual factual situation gauge whether extraordinary circumstances exist case must view situation time state proceedings enjoined may district granted temporary restraining order june entered preliminary injunction enjoining appellants filing prosecuting state suit challenged state statutes district finally determined questions issue two adult appellees already successfully obtained possession minor children means order may district order date enjoin department instituting new suit state suit instituted montgomery county may montgomery county action entitled suit affecting relationship department petition related documented child abuse prayed writ attachment issue protect minor child paul sims state issued writ pursuant directing paul sims placed temporary custody grandparents appointing guardian ad litem setting hearing show cause may record indicates appellees absented home work school thereby impeding attachment service order indicate actual physical custody paul sims ever surrendered appellees pursuant montgomery county writ posture one must consider propriety district injunction barring state proceedings paul sims within custody parents specific date set hearing regarding writ attachment time parents press objections unless hold every attachment issued protect child creates great immediate irreparable harm warranting intervention hard pressed conclude state proceedings posture federal intervention warranted perhaps anticipating logic district case concluded denial custody children pending hearing regardless result hearing sufficient prevent application younger presumably conclusion prompted district observation constitutional issues raised plaintiffs reach application due process area greatest importance society family ibid district inverts traditional abstention logic interests involved important abstention inappropriate family relations traditional area state concern recognized district noted compelling state interest quickly effectively removing victims child abuse parents unwilling conclude state processes unequal task accommodating various interests deciding constitutional questions may arise litigation reverse judgment district remand instructions complaint dismissed ordered footnotes chapter title texas family code provides suits protection children emergencies section authorized representative state department public welfare officer juvenile probation officer may take possession child protect immediate danger health physical safety deliver jurisdiction suits subtitle whether continuing jurisdiction section code child shall delivered immediately tex fam code tit supp unless child taken possession pursuant temporary order entered section code officer representative shall file petition immediately delivery child hearing shall held provide temporary care protection child tex fam code tit showing child apparently without support dependent society protection child immediate danger physical emotional injury may make appropriate order care protection child may appoint temporary managing conservator child order issued section code expires end period following date order restoration child possession parent guardian conservator issuance ex parte temporary orders suit affecting relationship subtitle whichever occurs first child restored possession parent guardian conservator shall order restoration possession direct filing suit affecting relationship appropriate regard continuing jurisdiction motion parent managing conservator guardian person child notice persons involved original emergency hearing shall conduct hearing may modify emergency order made chapter found best interest child emergency orders apparently appealable texas law see tex civ app issuing temporary order harris county juvenile relied tex fam code tit supp authorizes suit affecting relationship make temporary order safety welfare child parties litigation disagree whether juvenile judge jurisdiction enter order one number ambiguous questions case another period temporary order may remain effect suits affecting relationship authorized suits vehicles state brings change relationship testimony record hearing set montgomery county may defendant exhibit sworn statement rex downing therefore contrary suggestion dissent remotely suggest every pending proceeding state federal plaintiff justifies abstention unless one exceptions younger applies post section title provides one matters covered subtitle may determined suit motion may require parties replead order issue affecting relationship may determined suit tex fam code tit texas rule civ proc modeled fed rule civ proc provides relevant part plaintiff petition reply setting forth counterclaim defendant answer setting forth counterclaim may join either independent alternate claims many claims either legal equitable may opposing party thus texas procedural law long encouraged joinder claims civil actions see texas gauze mills goatley tex civ app blair gay tex recent case texas civil appeals indicated title full range constitutional challenges cognizable proceedings suits affecting relationship therefore case like hernandez finley supp nd summarily aff sub nom quern hernandez found remand trainor hernandez applicable state procedures permit defendant raise constitutional challenge thus agree dissenters characterization claims raised unrelated child abuse traffic violations district properly perceived action comprehensive attack integrated statutory structure best suited resolution one forum disagreement district choice forum likewise little case law sound judicial administration commend suggestion younger invoked respect claims case others left federal forum post given interrelated nature claims bifurcation result duplicative litigation lack interpretation integrated statutory framework trainor hernandez supra identified central concerns underlying younger doctrine dissenters additional argument constitutional attack state procedures automatically vitiates adequacy procedures purposes line cases reiteration theme sounded rejected prior cases see trainor hernandez supra stevens dissenting juidice vail stevens concurring judgment district focused psychiatric examinations although evidence examination nature administered sims children temporary removal sims state dept public welfare supp proposition claims must cognizable defense ongoing state proceeding put forward dissenting brethren post converts doctrine substantive content mere semantical joust magic term defense used connection younger doctrine word defense intended used term art deal niceties distinguished among defense counterclaims setoffs recoupments like stated juidice vail abundantly clear appellees opportunity present federal claims state proceedings required invoke younger abstention appellees need accorded opportunity fairly pursue constitutional claims ongoing state proceedings failure avail opportunities mean state procedures inadequate footnotes omitted emphasis original brief appellees argue adequate remedy state law every effort obtain judicial relief state either frustrated denied brief appellees oral argument counsel appellees responded request justification involvement case stating appellees believe state action pending tr oral arg counsel argue perceived deficiency state proceedings product procedural bar appellees constitutional claims dissenters concern requiring appellees raise challenges texas family code pending proceeding complicate delay resolution merits state claims clearly misplaced dissent correct characterization bulk appellees claims analogous traffic violation far relation pending state proceeding concerned appellees simply obtain resolution pending proceeding file separate action certainly required pursue unwise impractical course litigation post reason believe consolidating claims federal litigating simultaneously two different courts prove expeditious wise practical justice stevens justice brennan justice stewart justice marshall join dissenting asking whether recognized exceptions doctrine younger harris make appropriate federal exercise jurisdiction pass constitutionality state statute first decide whether legitimate basis invoking younger doctrine never suggested every pending proceeding state federal plaintiff justifies abstention unless one exceptions younger applies example pending charge federal plaintiff guilty traffic violation justify dismissal federal attack constitutionality state childabuse legislation policy equitable restraint expressed younger founded premise ordinarily pending state prosecution provides accused fair sufficient opportunity vindication federal constitutional rights kugler helfant since citizen member community immune prosecution good faith alleged criminal acts younger harris supra justification intervention equity rule claims may raised defense criminal prosecution meritorious result adequate relief forum moreover federal system intervention federal respect questions issue state proceedings carries additional costs terms comity federalism readily interpreted reflecting negatively upon state ability enforce constitutional principles huffman pursue district conclusion abstention inappropriate case based squarely finding plaintiffs opportunity fairly pursue constitutional claims ongoing state proceeding absence opportunity younger simply inapplicable underlying concerns comity equity federalism recognized little force vitality single pending state proceeding constitutional claims may raised defense effective relief secured state criminal proceeding pending time federal complaint filed federal intervention result duplicative legal proceedings disruption state criminal justice system federal intervention circumstance interpreted reflecting negatively upon state ability enforce constitutional principles steffel thompson sure argued whenever federal rules constitutionality state statute making decision interferes operation important state mechanisms performing task equally performed state see ante sort lesser affront principles comity federalism one justifies federal refusing exercise jurisdiction federal claims congress entrusted repeatedly held constitutional violation alleged even respect important state statute plaintiff free bring suit federal without requirement first exhaust state judicial remedies requiring abstention case judgment departing principles extending younger beyond logical bounds sims parents sought relief federal days diligent efforts secure hearing state order regain custody children despite efforts failed regain custody also even opportunity heard state constitutional challenge federal directed primarily legality children seizure detention period without hearing statutory scheme allowed serious deprivation liberty occur proceeding pending state time brought suit suit affecting relationship initiated harris county welfare unit april pursuant ch texas family code first hearing federal may yet receive notice suit let alone actual hearing judge federal intervened however notice eventually provided assuming compliance statute adversary hearing eventually taken place mean abstention required appropriate hearing afforded ch state required decide whether children returned custody parents whether interests better served alternative arrangements care limited exceptions simses suit federal nothing question issues raised federal complaint go fitness parents rights permanent custody children rather thrust federal complaint procedures employed state gather information seize retain children pending formal adversary hearing ch violated constitution constitutional claims hearing afforded state parental fitness permanent custody virtually irrelevant hearing traffic violation clearly case majority suggest otherwise simses avoid losing custody children point successfully arguing state acted unconstitutionally initial seizure children hearing afforded earlier claims raised defense ongoing proceedings juidice vail nothing ch determinations required consider pass upon different issues simses sought raise federal may well majority suggests simses raised constitutional claims state defense nature permissive counterclaims findings district however suggest contrary even texas allow party raise claims party matter unrelated single proceeding certainly mandate broadening scope state litigation encompass new difficult issues complicate delay simses efforts obtain hearing merits state complaint promptly possible meantime course custody children remain state deprivation parents interests integrity family unit continue younger doctrine require litigant pursue unwise impractical course litigation younger bar consideration issue raised defense criminal prosecution gerstein pugh considerations comity equity federalism underlying doctrine implicated sims decision claims unrelated pending state proceeding brought federal rather state similar decision absence unrelated state proceeding requirement federal plaintiffs initiate constitutional litigation state rather federal first instance repeatedly held coincidence unrelated state proceeding provides justification imposing requirement factor alone sufficient render younger doctrine inapplicable even basic objection application younger abstention circumstances merely deprive plaintiffs right initiate new claims forum choice far seriously deprives relief state forum afford plaintiffs sufficient opportunity vindicate constitutional rights predicate younger dismissal also entitlement constitution three sims children taken custody harris county child welfare unit march based telephone report one children possibly victim child abuse diligent unsuccessful efforts parents heard state finally went federal days lost custody children simses heard first time law children returned due course federal held state statutory procedures defective provide adequate notice parents provide adequate hearing whenever state sought retain custody days although portions district decision state procedures challenged appeal appellants questioned aspects district judgment therefore undisputed texas procedures afford parents fair opportunity vindicate rights opportunity raise timely decided competent state tribunal federal issues involved course required support younger dismissal circumstances case also concededly required due process clause opportunity simply available system opportunity heard later ch hearing state accepts late meet requirements due process afford relief interim deprivation ordering abstention nonetheless majority extending younger doctrine beyond underlying premise also implicitly sanctioning deprivation parental rights without procedural protections state agrees constitutionally required sims state dept public welfare supp quoting juidice vail comparable finding district following remand trainor hernandez led unanimous summary affirmance holding younger harris justify abstention see quern hernandez see steffel thompson lake carriers assn macmullan see also younger harris threat plaintiff federally protected rights must one eliminated defense single criminal prosecution see monroe pape steffel thompson supra see also mitchum foster home telephone telegraph los angeles plaintiffs sought diligent efforts opportunity heard state proceeding must conclude whatever opportunities exist allow fairly pursue constitutional objections proceedings suspended apparently voluntarily state april department human resources received notice federal suit second ch suit later filed department respect paul sims alone may suit federal filed first hearing held whether action circumstances serve predicate younger dismissal substantial question purport address see hicks miranda addition challenges practices procedures afforded state prior final adversary hearing simses also claimed attorney ad litem appointed child suit affecting relationship state sought conservatorship child termination relationship required prove case clear convincing evidence second claim relates rules governing formal ch hearing first hearing well prior hearings claimed required see plaintiffs constitutional challenge directed primarily legality children seizure detention period without hearing clear issue raised defense normal course pending judicial proceeding abstention inappropriate ibid single state proceeding plaintiffs may look relief constitutional grounds ibid see also fuentes shevin see generally developments law section federalism harv rev see supra majority address separately question federal authority order children returned custody parents pending final state hearing since order resolve merits issue decided state proceeding ch see basis distinguishing decision district underlying holdings statutory scheme pursuant children seized detained state unconstitutional specifically appellants challenge validity paragraphs judgment entered district paragraphs read follows use section conjunction chapter title texas family code deprive parents custody children longer ten days measured date deprivation without full adversary hearing unconstitutional application said provision section unconstitutional face insofar fails require state make reasonable efforts serve notice parents ex parte hearing held immediately possession child taken state section unconstitutional face insofar fails require state hold full adversary hearing adequate notice parents possession child taken state retained state beyond ten days section unconstitutional face insofar fails require state hold full adversary hearing expiration ex parte order state seeks obtain order retain possession child beyond ten days section unconstitutional face insofar fails require notice parents hearing state makes showing order allowing psychological psychiatric examinations necessary aid investigation abuse neglect order obtained app gibson berryhill gibson concluded predicate younger dismissal present district conclusion merits plaintiffs challenge state board incompetent adjudicate issues pending critical point administrative body unconstitutionally constituted entitled hear charges filed appellees case us analogous district correct state accepts least part procedures afforded state seizure children fail comport minimum requirements due process reason abstain favor unconstitutionally limited opportunity favor unconstitutionally composed board gibson availability later full hearing state cure problem either case recognized gibson subsequent de novo hearing undo interim harm constitutional rights see also juidice vail stevens concurring judgment sense every younger dismissal involves implicit constitutional decision remitting federal plaintiff defend state forum deprivation constitutional rights younger careful point citizen member community immune prosecution good faith alleged criminal acts said extended deprivation custody one children without form notice hearing see supra