TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
http://www.fdno.org/10_tips.html
TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR Detective Robert R. Surgenor (Retired) Family Defense Network of Ohio In February of 2001, two social workers and two police officers approached the residence of a home educating family in Vermilion, Ohio, and indicated that they were investigating allegations of child neglect. The parents refused to let the officers into the home unless they possessed a warrant or court order. The social workers stated that they did not need a warrant. The police officers threatened to arrest the father for "Obstructing Official Business" unless they were allowed entry into the home. Faced with the threat of arrest, the officers were allowed entry. An inspection was made of the home, and the social workers and police officers left the premises without any further action taken. The parents filed a lawsuit in Federal Court, claiming that their Fourth Amendment rights had been violated. They were correct! The Fourth Amendment states, "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." Ohio law reflects this wording in Ohio Revised Code Section 2933.22. In order for an officer of the court to enter your home against your will, be it a social worker or police officer, he or she must have a warrant in their hand when they step through the door. If anyone has evidence that you have committed a crime, that evidence must be presented to a judge, while under oath or affirmation, and the judge must decide whether that evidence contains enough "probable cause" for him or her to issue the warrant. The evidence presented to a judge must indicate that you have committed a crime. During my twenty years as a police officer, if I already had enough evidence that a person was committing a crime in a home, I never attempted to enter the home without the warrant already in my hand. There were plenty of times I tried to bluff my way into a suspect's house without a warrant, but only when I did not have enough evidence to charge the person with a crime. My attempts to be let into the home was for the purpose of building a case and collecting evidence once I was in the home that might convince a judge to give me the warrant I needed. Unlike the Vermilion officer, I never threatened to arrest the homeowner for "Obstructing Official Business" if he didn't allow me to enter the home, but I used numerous tactics and techniques to convince that resident that it was in his best interest to cooperate with me. In December of 2002, The United States District Court in Ohio ruled against the two social workers and two police officers in the Vermilion case. The Court stated: "Despite the defendant's exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose request to enter, however benign or well-intentioned, are met by a closed door." The Court also stated "The Fourth Amendment's prohibition on unreasonable searches and seizures applies whenever an investigator, be it a police officer, a DCFS employee, or any other agent of the state, responds to an alleged instance of child abuse, neglect, or dependency." The court also ruled that the social workers and police officers were liable, and could be sued for their actions. Below are several recommendations on how to handle a social worker or police officer at your door that is investigating allegations of child abuse or neglect. 1) If possible, document the conversation with a video camera or audio tape recorder. If possible, conceal the camera or recorder so that the social worker or police officer is unaware of the taping. This type of recording on your own property is never illegal, no matter what you are told by the social worker or police officer. 2) Identify the persons at your door. Write their names down or, if possible, obtain their business cards. In addition to the names of the police officers, obtain their badge number. If possible, ask for the name of the person's immediate supervisor. 3) Ask the social worker or police officer if they have a warrant or court order that authorizes them to enter your home against your will. If the social worker or officer insists that they do not need a warrant under the circumstances, provide them with a copy of the enclosed bulletin, "UNITED STATES DISTRICT COURT RULES AGAINST OHIO SOCIAL WORKERS AND POLICE OFFICERS." Advise the investigator or officer that you will be glad to cooperate and allow them to enter your home if they possess a warrant or court order signed by a judge or magistrate. Under certain conditions, called "exigent circumstances," such as "hot pursuit" and "emergency," officers are allowed to enter a home without a warrant, but these instances are few and far between. An example of "hot pursuit" would be an officer who observed a robbery pursuing the criminal to the front door of his house where he slammed the door. The officer can enter that home without a warrant. An emergency would involve the "immediate need" to rescue someone from serious harm. An officer hearing gunshots and a screaming woman would perceive an "emergency," and would be justified in entering the home without a warrant. A social worker investigating allegations of child abuse or neglect would rarely be exempt from the warrant rule. 4) The same rule applies whenever an officer of the court, be it a social worker, police officer, or deputy sheriff, wants you to do anything against your will. You cannot be made to "report to the office" of the social worker or to "bring your children in for an interview" without being served with a court order. Only a judge or magistrate, presented with evidence that you have committed a crime, can issue an order that you are obligated to obey. 5) Ask the investigators the nature of the complaint against you. Ask them to give you the actual state statute number or local ordinance that you have alleged to have violated. 6) Always keep handy a copy of Ohio's laws pertaining to parental authority and child abuse. A copy of those laws is also enclosed. Read these laws and become familiar with them. On one occasion, a mother was being questioned at her front door by a police officer ignorant of the child abuse laws. The mother provided the officer with a copy of the law. The officer postponed his plan to arrest the mother, and later apologized for not being aware of the legal right of a parent to spank their children. 7) If the social worker or police officer uses force to enter you home, DO NOT RESIST in any way. Even if the entry into your home is unwarranted, you cannot physically resist the officer. Even passive resistance (remaining seated when told by a police officer to stand) is cause for arrest. Simply advise the social worker or police officer that they do not have your permission to enter, and that if they continue entry into your home without your permission, you will pursue legal action against them. 8) Record all of your telephone conversations with employees of the Department of Children's Services and the police department. In Ohio, it is not necessary to inform other people involved on the telephone line that the conversation is being recorded as long as one person who is actively engaged in the conversation is aware that it is being recorded (See Ohio Revised Code Section 2933.52). In other words, if you are talking to a social worker on the telephone, you can record the conversation without the social worker being aware of the recording, and the recorded conversation is legal and can be presented in court as evidence at a later date. Electronic stores sell telephone taps that simply plug into the telephone line and allow the conversation to be routed into a portable tape recorder. They generally cost between twenty and thirty dollars and are extremely simple to use. 9) Compile a list of emergency telephone numbers that will be handy should you encounter any type of confrontation with authorities over the rearing or discipline of your children. The Family Defense Network of Ohio is compiling a list of criminal defense attorneys who will be available if you are wrongly arrested by the police. This list is updated regularly and is available by calling the FDNO at 1-800-438-8277. 10) Do NOT be afraid to stand up for your rights and protections under the Fourth Amendment of the United States Constitution. The Vermilion home educating family decided to stand up for what was right. They not only won thousands of dollars in damages, they established precedent that helped families all over this land. Ohio law protects the parent who wishes to raise their children in the manner prescribed by God. Parents are obligated to utilize that protection. Proverbs 19:20 says "Hear counsel, and receive instruction, that thou mayest be wise in thy latter end." |
TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
Greegor wrote:
http://www.fdno.org/10_tips.html Three points, all as questions for you. 1 - Have you distributed this on "parent" related newsgroups? 2 - When did you last see a parent visiting here BEFORE CPS was at the door? 3 - Isn't this the same Surgenor that wrote a book on teen crime and spanking, claimed that the teens he was confronting as a police officer had never been spanked and were thus 'out of control' while later in his own book recounted they had indeed been "spanked," just not enough? He even claimed teen crime was up, when in fact it had been going down for decades prior to his authorship. Very strange thinking, but of course a wonderful appeal to the emotions of the public based on media handling of such information. If you think Surgenor has finely tuned judgment you need to read this thread discussing him and his literary adventures. An do note that in some instances that are very important he limits himself to the statutes of a single state. Or is this an "Ohio" based group? http://groups.google.com/group/alt.p...d51cafc0123ff6 http://tinyurl.com/yva9sy In addition, Greg, you now have posted the suggestions of one of those admitted government agents that will "trick" people into complying with them. You are about as inconsistent today as your posting history shows you to have been from your first post to Usenet. You have learned nothing in six years, apparently, but how to consistently lose, and keep a mother and her daughter apart. Is this the kind of source you would advise parents engaged with CPS to use? Surgenor, from your own posted citation: .... There were plenty of times I tried to bluff my way into a suspect's house without a warrant, but only when I did not have enough evidence to charge the person with a crime. My attempts to be let into the home was for the purpose of building a case and collecting evidence once I was in the home that might convince a judge to give me the warrant I needed. ... TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR Detective Robert R. Surgenor (Retired) Family Defense Network of Ohio In February of 2001, two social workers and two police officers approached the residence of a home educating family in Vermilion, Ohio, and indicated that they were investigating allegations of child neglect. The parents refused to let the officers into the home unless they possessed a warrant or court order. The social workers stated that they did not need a warrant. The police officers threatened to arrest the father for "Obstructing Official Business" unless they were allowed entry into the home. Faced with the threat of arrest, the officers were allowed entry. An inspection was made of the home, and the social workers and police officers left the premises without any further action taken. The parents filed a lawsuit in Federal Court, claiming that their Fourth Amendment rights had been violated. They were correct! The Fourth Amendment states, "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." Ohio law reflects this wording in Ohio Revised Code Section 2933.22. In order for an officer of the court to enter your home against your will, be it a social worker or police officer, he or she must have a warrant in their hand when they step through the door. If anyone has evidence that you have committed a crime, that evidence must be presented to a judge, while under oath or affirmation, and the judge must decide whether that evidence contains enough "probable cause" for him or her to issue the warrant. The evidence presented to a judge must indicate that you have committed a crime. During my twenty years as a police officer, if I already had enough evidence that a person was committing a crime in a home, I never attempted to enter the home without the warrant already in my hand. There were plenty of times I tried to bluff my way into a suspect's house without a warrant, but only when I did not have enough evidence to charge the person with a crime. My attempts to be let into the home was for the purpose of building a case and collecting evidence once I was in the home that might convince a judge to give me the warrant I needed. Unlike the Vermilion officer, I never threatened to arrest the homeowner for "Obstructing Official Business" if he didn't allow me to enter the home, but I used numerous tactics and techniques to convince that resident that it was in his best interest to cooperate with me. In December of 2002, The United States District Court in Ohio ruled against the two social workers and two police officers in the Vermilion case. The Court stated: "Despite the defendant's exaggerated view of their powers, the Fourth Amendment applies to them, as it does to all other officers and agents of the state whose request to enter, however benign or well-intentioned, are met by a closed door." The Court also stated "The Fourth Amendment's prohibition on unreasonable searches and seizures applies whenever an investigator, be it a police officer, a DCFS employee, or any other agent of the state, responds to an alleged instance of child abuse, neglect, or dependency." The court also ruled that the social workers and police officers were liable, and could be sued for their actions. Below are several recommendations on how to handle a social worker or police officer at your door that is investigating allegations of child abuse or neglect. 1) If possible, document the conversation with a video camera or audio tape recorder. If possible, conceal the camera or recorder so that the social worker or police officer is unaware of the taping. This type of recording on your own property is never illegal, no matter what you are told by the social worker or police officer. 2) Identify the persons at your door. Write their names down or, if possible, obtain their business cards. In addition to the names of the police officers, obtain their badge number. If possible, ask for the name of the person's immediate supervisor. 3) Ask the social worker or police officer if they have a warrant or court order that authorizes them to enter your home against your will. If the social worker or officer insists that they do not need a warrant under the circumstances, provide them with a copy of the enclosed bulletin, "UNITED STATES DISTRICT COURT RULES AGAINST OHIO SOCIAL WORKERS AND POLICE OFFICERS." Advise the investigator or officer that you will be glad to cooperate and allow them to enter your home if they possess a warrant or court order signed by a judge or magistrate. Under certain conditions, called "exigent circumstances," such as "hot pursuit" and "emergency," officers are allowed to enter a home without a warrant, but these instances are few and far between. An example of "hot pursuit" would be an officer who observed a robbery pursuing the criminal to the front door of his house where he slammed the door. The officer can enter that home without a warrant. An emergency would involve the "immediate need" to rescue someone from serious harm. An officer hearing gunshots and a screaming woman would perceive an "emergency," and would be justified in entering the home without a warrant. A social worker investigating allegations of child abuse or neglect would rarely be exempt from the warrant rule. 4) The same rule applies whenever an officer of the court, be it a social worker, police officer, or deputy sheriff, wants you to do anything against your will. You cannot be made to "report to the office" of the social worker or to "bring your children in for an interview" without being served with a court order. Only a judge or magistrate, presented with evidence that you have committed a crime, can issue an order that you are obligated to obey. 5) Ask the investigators the nature of the complaint against you. Ask them to give you the actual state statute number or local ordinance that you have alleged to have violated. 6) Always keep handy a copy of Ohio's laws pertaining to parental authority and child abuse. A copy of those laws is also enclosed. Read these laws and become familiar with them. On one occasion, a mother was being questioned at her front door by a police officer ignorant of the child abuse laws. The mother provided the officer with a copy of the law. The officer postponed his plan to arrest the mother, and later apologized for not being aware of the legal right of a parent to spank their children. 7) If the social worker or police officer uses force to enter you home, DO NOT RESIST in any way. Even if the entry into your home is unwarranted, you cannot physically resist the officer. Even passive resistance (remaining seated when told by a police officer to stand) is cause for arrest. Simply advise the social worker or police officer that they do not have your permission to enter, and that if they continue entry into your home without your permission, you will pursue legal action against them. 8) Record all of your telephone conversations with employees of the Department of Children's Services and the police department. In Ohio, it is not necessary to inform other people involved on the telephone line that the conversation is being recorded as long as one person who is actively engaged in the conversation is aware that it is being recorded (See Ohio Revised Code Section 2933.52). In other words, if you are talking to a social worker on the telephone, you can record the conversation without the social worker being aware of the recording, and the recorded conversation is legal and can be presented in court as evidence at a later date. Electronic stores sell telephone taps that simply plug into the telephone line and allow the conversation to be routed into a portable tape recorder. They generally cost between twenty and thirty dollars and are extremely simple to use. 9) Compile a list of emergency telephone numbers that will be handy should you encounter any type of confrontation with authorities over the rearing or discipline of your children. The Family Defense Network of Ohio is compiling a list of criminal defense attorneys who will be available if you are wrongly arrested by the police. This list is updated regularly and is available by calling the FDNO at 1-800-438-8277. 10) Do NOT be afraid to stand up for your rights and protections under the Fourth Amendment of the United States Constitution. The Vermilion home educating family decided to stand up for what was right. They not only won thousands of dollars in damages, they established precedent that helped families all over this land. Ohio law protects the parent who wishes to raise their children in the manner prescribed by God. Parents are obligated to utilize that protection. Proverbs 19:20 says "Hear counsel, and receive instruction, that thou mayest be wise in thy latter end." So, Greg, have you sent this to suitable newsgroups? Kane |
TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
When seeking information about what the state and cannot do it is always
advisable to both read the statute, and have it explained by competent counsel. You may think you see something that in fact is not there. Or not see something that in fact is, if you understood the language more clearly. The cite below is an example, and not the rule, but generally states do follow similar guidelines by statute. Check YOURS. Greg, when you post your citation of Surgenor to parent related newsgroups, would you be so kind as to include my post below, under but exclusive of the line "......available in prior post...." Thank you for your interest in this subject so vital to people BEFORE they become involved with CPS or the police in child protection matters and to it's proper and timely presentation. Greegor wrote: http://www.fdno.org/10_tips.html TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR Detective Robert R. Surgenor (Retired) Family Defense Network of Ohio .......available in prior post.... 1 What are "exigent circumstances?" 2 Where may a child be interviewed, under what circumstances? See *** and **** In Indiana child protection they a http://www.in.gov/dcs/pdf/policies/cwmanual2a.pdf 205.422 Exceptions to the Requirement to Obtain Parental Consent to Interview a Child (1) If the child is committed to a facility operated by the Department of Correction, it is only necessary to obtain permission to interview from the superintendent of the facility. (2) If the child is under the care and supervision of the county office (COFC) and parental rights have been terminated, permission to interview may be obtained from the family case manager (FCM). ****(3) If the parent(s) is the alleged perpetrator, and there are immediate concerns for the child’s safety, it may not be possible or prudent to attempt to obtain parental permission to interview the child. In such cases, the child may be interviewed without parental permission. The interview may occur in the school setting with the permission of the appropriate school authority. *** (4) There may be exigent circumstances that would warrant concerns for the child’s safety. In these circumstances, permission of the parent to interview the child is not required. Examples: The child may be experiencing sexual abuse at the hands of a non-parent, guardian or custodian, and the parent, guardian or custodian may not be providing protection to the child. An older child may initiate the interview process and request that the parent(s) not be notified. The interview could be held at a mutually agreed upon location that would not require permission from a facility authority. ... .... 205.423 Location for Contact or Interview with Child Although initial contact with the child may take place in the home, the law allows for the possibility that this contact may be made at school or any other place where the child may be; e.g., at a child care center, baby sitter's home, hospital, etc. (IC 31-33-8- 7). Initial contact, especially in cases of sexual or physical abuse, usually takes place outside the home. If the child is interviewed away from the child’s home at one of the above-mentioned institutions, care needs to be taken to contact the administrator of the facility in order to advise the administrator of CPS involvement and the need to interview the child at the facility. If the child who is the subject of a CPS investigation is a patient in a hospital, authorization from CPS or a copy of a court order is necessary before the hospital may release the child to the parent, guardian, custodian, or court-approved placement. If authorization from CPS is verbal, CPS must follow up with a letter to the hospital confirming that authorization for the child’s release has been granted. (IC 31-33-11-1) For information regarding financial responsibility for an extended stay, see the above-noted cite. .... |
TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
Kane wrote
So, did you send that list to the proper newsgroups? alt.support.child-protective-services, alt.dads-rights.unmoderated, alt.parenting.spanking, alt.support.foster-parents What other suggestions would you make? |
TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR
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