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TEN TIPS WHEN THE SOCIAL WORKER IS AT YOUR DOOR



 
 
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Old February 4th 07, 02:48 PM posted to alt.support.child-protective-services,alt.dads-rights.unmoderated,alt.parenting.spanking,alt.support.foster-parents
Greegor
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Default 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."

 




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