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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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