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7Th Circuit Court Rules That A Social Worker Violated The 4th AmendmentBy Strip Searching Children



 
 
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Old June 5th 08, 05:04 AM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
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Default 7Th Circuit Court Rules That A Social Worker Violated The 4th AmendmentBy Strip Searching Children

7Th Circuit Court Rules That A Social Worker Violated The 4th Amendment
By Strip Searching Children

http://www.gather.com/viewArticle.js...nav=Groupspace

by Rob Port
May 22, 2008 09:36 AM EDT
views: 159

The gist of it is that a social worker who was investigating a suspected
case of children being spanked by their parents entered a private school
and ordered two children to partially disrobe to inspect them for signs
of abuse:

Two children who attended a private Christian school in Wisconsin
were illegally strip-searched and had their constitutional rights
violated by a state social worker, the Seventh Circuit Court of Appeals
unanimously ruled Monday.

In Michael C. v. Gresbach, the court said state worker Dana
Gresbach violated the children’s Fourth Amendment rights to freedom from
unreasonable search when she entered Good Hope Christian Academy in
Milwaukee, Wis., had the children pulled from the classrooms and told
them to remove their clothing when she suspected the parents of spanking
in February 2004.

According to an attorney representing the kids and their parents this is
a common procedure among social workers:

“The social worker performed these strip searches as a matter of
routine, estimating that in perhaps one-half of the 300 or so cases she
handled every year she subjected kids to a partial disrobing,” he said.
“In fact, she testified that she considered it so routine that she did
not bother to discuss her intentions with her supervisor, even though
she spoke to her on her way to the school.”

The state had several social workers file affidavits saying they
would have followed the same procedure. Crampton said, “That is an
alarming admission, and we suspect you would find a similar pattern in
social service offices all over America.”

The social worker in question wouldn’t allow the parents to be notified
beforehand, either. The social worker in question in this case claimed
that she has the right, in the course of an investigation of abuse, to
search a child in that manner without a warrant and thus had immunity
from suit. The 7th Circuit strongly disagreed:

Gresbach claimed she was entitled to qualified immunity because her
actions were reasonable under the Fourth Amendment; however, the court
disagreed.

“We do not exempt child welfare workers from adhering to basic
Fourth Amendment principles under non-exigent circumstances – to do so
would be imprudent,” the court stated. “… we do not believe that
requiring a child welfare caseworker to act in accordance with basic
Fourth Amendment principles is an undue burden on the child welfare
system, particularly when it is necessary to conduct an examination of a
child’s body, which is undoubtedly ‘frightening, humiliating and
intrusive’ to the child.”

I’ve been harping on this subject for a while. I truly understand the
need for the protection of children from abuse, but there is a right way
and a wrong way to go about it. Just grabbing a kid and forcing them to
disrobe without court oversite and in a non-judicial or non-medical
environment is the wrong way.

4th Amendment, folks, that’s all I’m saying.



An Inconvenient Truth about Child Protective Services, Foster care, and
the Child Protection "INDUSTRY"

Child Protective Services Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of CPS.

every parent should read the free handbook from
connecticut dcf watch...

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

Perpetrators of Maltreatment

Physical Abuse CPS/Foster care 160, biological Parents 59
Sexual Abuse CPS/Foster care 112, biological Parents 13
Neglect CPS/Foster care 410, biological Parents 241
Medical Neglect CPS/Foster care 14 biological Parents 12
Fatalities CPS/Foster care 6.4, biological Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

THIS IS AMERICA'S HIDDEN HOLOCAUST

Currently Child Protective Services violates more constitutionally
guaranteed liberties & civil rights on a daily basis then all other
agencies combined, Including the National Security agency/Central
intelligence agency wiretaping programs…

THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES
BY: Nancy Schaefer Senator, 50th District of Georgia

http://www.senatornancyschaefer.com/...s.php?filter=6

This is Child Protection?
By Gregory A. Hession, J.D.

http://www.jbs.org/node/4632

Mercenary Motherhood: "Memoirs of a Babystealer."

http://www.latimes.com/news/opinion/...nion-rightrail

FOSTER CARE IS A 80 PERCENT FAILU. A Brief Analysis of the Casey
Family Programs. Northwest Foster Care Alumni Study. By Richard Wexler

http://www.nccpr.org/reports/cfpanalysis.doc

HOW THE WAR AGAINST CHILD ABUSE BECAME A WAR AGAINST CHILDREN

http://www.nccpr.org/issues/1.html

Adoption Bonuses: The Money Behind the Madness
DSS and affiliates rewarded for breaking up families
By Nev Moore Massachusetts News

http://www.massnews.com/past_issues/...May/mayds4.htm

A recent study has found that 12-18 months after leaving foster ca

30% of the nation’s homeless are former foster children.
27% of the males and 10% of the females had been incarcerated
33% were receiving public assistance
37% had not finished high school
2% receive a college degree
50% were unemployed

Children in foster care are three to six times more likely than children
not in care to have emotional, behavioral and developmental problems,
including conduct disorders, depression, difficulties in school and
impaired social relationships. Some experts estimate that about 30% of
the children in care have marked or severe emotional problems. Various
studies have indicated that children and young people in foster care
tend to have limited education and job skills, perform poorly in school
compared to children who are not in foster care, lag behind in their
education by at least one year, and have lower educational attainment
than the general population.
*Casey Family Programs National Center for Resource Family Support

80 percent of prison inmates have been through the foster care system.

The highest ranking federal official in charge of foster care, Wade Horn
of the Department of Health and Human Services, is a former child
psychologist who says the foster care system is a giant mess and should
just be blown up.

http://abcnews.go.com/print?id=2017991

Four rigorous studies have found that at least 30 percent of America’s
foster children could be home right now if their parents had decent housing.

This study found thousands of children already in foster care who would
have done better had child protection agencies not taken them away in
the first place.

Front-page story in USA Today.

http://www.usatoday.com/news/nation/...m?csp=34#Close

Read the studies online.

Casey "alumni" study: "Improving Family Foster Ca Findings from the
Northwest Foster Care Alumni Study,"

http://www.casey.org/Resources/Publi...lumniStudy.htm

MIT study: "Child Protection and Child Outcomes: Measuring the Effects
of Foster Care,"

http://www.mit.edu/~jjdoyle/doyle_fo...arch07_aer.pdf

Texas comptroller's "Forgotten Children" reports:

www.window.state.tx.us/forgottenchildren

The bottom line? - Child Protective Services and the Foster Care system
for the most part turns out young adults that are nothing more than
walking wreckage...

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CONSTITUTIONALLY
GUARANTEED LIBERTIES & CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER
AGENCIES COMBINED INCLUDING THE NATIONAL SECURITY AGENCY/CENTRAL
INTELLIGENCE AGENCY WIRETAPPING PROGRAMS....

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...
 




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