How are you going to answer the
absurd allegations she brings to
YOUR front door?
It is vitally important for families to understand their Constitutional Rights are real, not just something you hear on TV shows.
The Fourth Amendment to the Constitution of the United States, guarantees that-
''The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
If you are ever approached by anyone from Childrens Protective Services (hereafter called CPS), keep in mind that regardless of what they say, they are not there to "help" you. They may appear "nice" but never lose sight of the fact that CPS agents "believe" the allegations reported against your family. Otherwise, they wouldn't be at your front door.
If a CPS agent arrives at your home to "investigate", ask to see the search warrant and court order. Call your attorney immediately and read the order to him/her. If you are unable to reach your attorney, or you don't have one, keep the order, or ask for a copy and politely tell the CPS agent that you will not talk to them without a lawyer being present.
They will lie to you about having a warrant or a court order, so don't take their word for it. Demand to see it. Especially observe if it is signed by a judge. A rubber stamp signature is unacceptable.
If they don't have a search warrant or court order, politely tell them "good bye".
Never invite a CPS worker into your home.
If they have gained entrance before you learn why they are there, ask them to leave. If they do not leave, call the police and request that they be removed for trespassing.
The CPS agent or the (sometimes) accompanying law enforcement officer (in the vernacular, a "LEO") may threaten you with arrest for "obstruction of investigation" or something like that, or they may claim the state has passed a "law" requiring you to let them in.
That would be a bald-faced LIE.
In the unlikely case that there is such a new "law" in your state, that law would be repugnant to the Fourth Amendment, and violation by the agency or the police (if present) would be the basis of a Title 42 USC Section 1983 action, for which they would NOT enjoy "immunity" according to CALABRETTA v FLOYD.
The only exception is when there are "exigent circumstances". Of course there seldom really is any "emergency", and their saying so doesn't make it so- nor excuse the violation of your Constitutional Rights.
They DO have to get a VALID search warrant-
See Walsh vs. Erie County Department of Job and Family Services, Case No.3:01CV7588
In a forceful opinion, US District Judge James G. Carr wrote:
"Despite the Defendants' exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose requests to enter, however benign or well-intentioned, are met by a closed door.
There is...no social worker exception to the strictures of the Fourth Amendment.
...Any agency that expects to send its employees routinely into private homes has a fundamental obligation to ensure that those employees understand the constitutional limits on their authority."
The caseworkers in the Walsh case admitted they had never been taught anything about the Fourth Amendment or search warrants. They still aren't.
We have heard of people trying to stand up for their Rights and being told by the LEO "Oh those are just for TV. This is the REAL world we're in now". I once asked a particularly vapid policeman if he took the OATH to "uphold, support, and defend the Constitution of the United States. He said he had. Then I asked him if he believed his oath, or if those were just some words he had to say to get the job.
Shut up, shut up, shut up.
The recent U.S. v. Craighead case in the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT held that interrogations occurring inside the home are custodial, requiring Miranda advisements under the Fifth Amendment to the Constitution of the United States.
You are not required by law to talk to any of these people, so don't.
You are an American. It's not your job to prove that you "have nothing to hide". This is not the time to present your defense. Every word you say WILL be used against you.
Defending your Constitutional Rights falls on you. Use them or lose them.
For more info: American Family Rights Association
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.
See
Comments
Sadly, I believed that CPS actually HELPED. Shows me how MISPLACED MY TRUST WAS IN GOVERNMENT INTEGRITY.
Your advice is the best.
I had to file an ICPC to get my grandson home. He is in Indiana and has been for over a year. He is 6 yrs old. He is a ward of the court and the father is a registered sex offender, and I have tried unsuccessfully to get him back home. ICPC is the only thing left. It goes before the judge tomorrow to see if they will allow it, or give the father more chances to get off drugs and leave his girlfriend. What do I do? The father has been removed from the home and his sister is there taking care of the kids. He has been removed from the home 3 times since Feb. and they still will not let me have him back. I have been fighting cps for over a year and now that my town cps is working with Indiana cps they are dictating how I have to live in order to keep my grandson if they choose to send him back home. He has a brother and sister here who miss him very much. I have raised all of the kids all of their lives. I have no criminal back ground and have never been in trouble with the law. Pleas help
I was once one of those people that had faith in the system. I was saddly mistaken and found CPS and their agencies are nothing they say they are. It is nothing but utter hype on what they intended to do, their intentions are beyond cruel and malice. They want to control children and families for money. Again , this is from my own experiences with CPS, Families Beware! The wolves are out there amoung the sheep!
Judy-
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Affidavit-
http(colon)//familyrights.us/bin/FORMS/sworn_affidavit(dot)html
Leonard Henderson, co-founder
American Family Rights Association
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
They trespassed on my landlords private property that was posted to get my daughter and I asked them to leave and they not only stayed on the property but also tried to gain access to my house after the police arrived when I told the caseworker to stay out.
In the case of the Alamo ministries children the constitution and amendment rights are on paper only and are NOT upheld at all in this kangaroo court room run by Judge Barnes and Judge Griffin.
They have completely violated their rights to religious freedoms, vaccinated 36 children against their parents rights and religious and health reasons.
Now on Oct 26 & 27 there will be hearings to terminate these parents rights and these innocent children will be put up for adoption. Never to see their siblings or parents again. No abuse was ever found on any of these children except for the horrible abuse they have suffered at the hands of DHS, Courts, Judges and federal government!
So what are they supposed to do? There is NO justice in this system. Not if they have decided to target you as they have with this Christian ministry. So what are they supposed to do? No outcry from the public. Few seem to care at all.
They will trust in the Lord. This secular system is beyond corrupt!
The bottom line with Child Protective Services is MONEY.
Read the online article titled: "This is Child Protection?"
It will open everyone's eyes to the true purpose of this agency.
Hopefully it has not been removed.
cps dss is abusive ,lie n destroy inncocent parents they use false accusations and cps worker affidavit to tear families apart shut them down hold all of them accountable for their illegal immoral acts dont believe them
We watch for "signs of the times" in movies and other popular media--in the Wizard of Oz, what if Miss Gulch had come for Dorothy? She looked and acted just like a social wrecker, didn't she?
DO I NOT ALLOW THEM IN MY HOME IF I DONT THR INVESTIGATION WILL CONTINUE BUT HERES THE WERID THING ADVISED I HAVE 5 PRIOR COMPLAINTS NUM 5 IN 10/10 OK I HAVE NEVER BEEN CONTACTED/INVESTIGATED FOR ANY OF THEM. THIS NEW 1 2/28/11 ABUSE/NEGLET NO EVIDENCE WHAT CAN I DO I NEED ADVICE CPS HERE IN ABOUT 6 HRS PLZ HELP ANYONE
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