If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
CPS Must Comply with 4th Amendment
http://www.aclutx.org/article.php?aid=396
ACLU, Texas Eagle Forum, Liberty Legal Institute and Others File Joint Brief Arguing CPS Must Comply with 4th Amendment Austin, TX - Today, the American Civil Liberties Union Foundation of Texas joined with leading conservative and libertarian organizations to file a brief with the U.S. Court of Appeals for the Fifth Circuit in support of the Gates family, in a case involving a warrantless raid of the Gates home and seizure of their children by the Defendants, Texas Department of Family and Protective Services (CPS) and Fort Bend County Sheriff's Office. The Gates' children were taken by Defendants from their home in a jail wagon at the conclusion of the raid on February 11, 2000 and scattered to foster homes, before being returned to the Gates' the following Monday after a court hearing. The brief argues that Defendants violated the Gates' Fourth Amendment right to be free from unreasonable search and seizures, their heightened procedural due process rights triggered by their paramount liberty interest under the U.S. Constitution to direct the upbringing of their children, and their analogous rights as recognized by the Texas Constitution. The brief also maintains that Defendants' routine practice of conducting such warrantless seizures of children, even in the absence of any immediate danger of physical abuse or emergency, is contrary to Texas law. Joining the ACLU as amici curae in filing this brief are the Texas Eagle Forum, the Liberty Legal Institute, the Texas Home School Coalition, and the Libertarian Party of Texas. ACLU of Texas Executive Director Will Harrell stated, "The ACLU of Texas is proud to join with prominent conservative and libertarian groups in this important case. We don't always agree, but we do agree that the Fourth Amendment requires probable cause and a warrant for non-emergency searches and seizures, and that this interest is particularly strong when the sanctity of the family is involved." Harrell continued, "The ACLU and the other parties to the brief share a concern that CPS, while having a legitimate purpose, regularly oversteps constitutional bounds and that in our free society, there is a dire need for a bright- line restriction on their ability to intrude into the private lives and homes of Texans. The state can ensure that children are not being abused without violating the constitutional rights of their parents, and indeed the very children it seeks to protect." The brief is authored by Marc A. Levin, an Austin attorney and former law clerk at the Fifth Circuit who is known for his commitment to individual liberty. The Fifth Circuit is based in New Orleans and the case is being appealed from the U.S. District Court for the Southern District of Texas, Houston, Judge Lynn Hughes. The case is No. 06-20763 and is styled: GARY W GATES, JR; MELISSA GATES ; Individually and as next friends to Sarah Gates, Derodrick Gates, Travis Gates, Raquel Gates, Cynthia Gates, Cassandra Gates, Timothy Gates, Andrew Gates, Alexis Gates, and Marcus Gates; GARY WILTON GATES; GEORGE GATES; SCOTT GATES Plaintiffs-Appellants, vs. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; ET AL. Defendants-Appellees To view the brief, please click here. http://www.aclutx.org/files/GatesFif...CuraeBrief.pdf |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
Repeal the Bradley Amendment | Dusty | Child Support | 4 | March 14th 06 01:50 AM |
NJ: Ruling on indigent parents reversed | Dusty | Child Support | 1 | March 13th 06 10:32 PM |
Who voted for the Bradley Amendment? | Werebat | Child Support | 2 | February 8th 06 07:08 PM |
Senate amendment would let foster children keep full stipend | wexwimpy | Foster Parents | 0 | March 30th 04 09:45 PM |
. The Bradley Amendment . | Jeff Relf | Child Support | 0 | January 4th 04 06:34 AM |