Since this case was heard secretly in a family court in which the judge issued a gag order, there are no official public records giving information about the court custody case or the proceedings therein. Hons Campbell was taken 17 hours after birth while Eva Lynn Brown was taken into foster care 2 days after birth.
Since the court was mum on the custodial proceedings, Douglas B. Brill from The Express Times suggests possible reasons as to why all of Campbell children are under the custody of the state. Among the reasons put forward was that the DYFS felt the children were unsafe after threats were leveled against the family due to their infamous names, the names themselves may have led to a complaint that made the DYFS investigate abuse or neglect claims against the Campbell parents or quite possibly the names invoked feelings of hatred against the children which as a result put them in danger and need for state protection.
Additionally, Mr. Campbells ex-wife Deborah Campbell had once written a note to a neighbor claiming that her life and that of their children is in danger and that prompted the state to act swiftly in protection of the children even before express danger was proven (as was in the case of Hons and Eva Lynn who were taken a short while after they were born.
The Due Process Clause in the 14th Amendment to the American Constitution prohibits the state and local government officials from depriving persons of any liberty without legislative authorization. The Child Abuse Prevention and Treatment and Adoption Reform Act authorizes the DYFS to take into custody any child deemed to be in danger of neglect and/or abuse. The Equal protection clause in the same amendment provides the right to equal protection by the state. This simply means that regardless of the group one belongs to; be it a particular sexual orientation, religious background or gender, everyone is entitled to equal protection by the law. According to Mr. Campbell,