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Court rules social workers must follow the U.S. Constitution regardingprivacy and parental rights



 
 
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  #1  
Old October 25th 07, 08:03 AM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
fx
external usenet poster
 
Posts: 2,848
Default Court rules social workers must follow the U.S. Constitution regardingprivacy and parental rights

Court rules social workers must follow law
Agencies, cops can't threaten to take kids away from parents asserting
rights


http://www.wnd.com/news/article.asp?ARTICLE_ID=58338


A federal court has ruled that social workers have to respect the U.S.
Constitution regarding privacy and parental rights, and if they don't
they may be held liable.

The ruling comes in an Arizona case in which social workers, accompanied
by Maricopa County deputy sheriffs, made unsupported threats to place a
family's children in custody and arrest the parents if they were not
allowed to make what ended up being an allegedly illegal search of the
family's home.

U.S. District Judge Earl H. Carroll ordered that a lawsuit by the family
against the social workers and sheriff will be allowed to continue,
because the social workers' concerns were based on "an anonymous tip
that the � Loudermilk children were being neglected and that plaintiffs'
home was uninhabitable."

However, the judge said that under federal law, an anonymous tip,
"without more, does not constitute probable cause."

(Story continues below)

The case is being publicized by the Home School Legal Defense
Association because of the involvement of the organization's members,
the family of John and Tiffany Loudermilk.

"Social workers and sheriff's deputies had come to the home � demanding
entry based on a six-week-old anonymous tip that the newly constructed
home was unsafe for children," the organization said.

"The Loudermilks declined consent, as was their right under the Fourth
Amendment. After an escalating confrontation at the front door that
lasted 40 minutes, the social workers, backed by no fewer than four
deputies, threatened to take the Loudermilks' children into custody and
place them in foster care if the Loudermilks continued to deny them
entry� An assistant attorney general repeated this threat to HSLDA
attorney Thomas Schmidt, who was assisting the Loudermilks during the
confrontation," the HSLDA report said.

Under duress, the family allowed the social workers and deputies inside,
who found nothing wrong, the report said.

But as a result of the search, the family sued the social workers and
others citing the violation of their Fourth Amendment rights in the
search, and violations of their 14th Amendment rights to privacy and
family integrity because of the threats.

The judge, acting on motions submitted by the defendants to escape
liability, agreed with the family.

"Defendants persisted in their threats to remove the children if
Plaintiff Parents did not consent to the search, stating that [they]
could arrest or handcuff the Parents in front of the children," the
judge said.

"Based on the allegations set forth in the Amended Complaint, viewed in
Plaintiff's favor, no reasonable official would have believed that his
or her conduct was authorized by state or constitutional law."

Even the assistant attorney general was cited for exerting "coercive
pressure" through threats.

"The ruling in this case makes it clear that threatening to remove
children to gain a parent's cooperation is unconstitutional," said James
Mason, senior counsel for the HSLDA. "We hope that this ruling will
change this common tactic used by investigative caseworkers all over the
country."

"There you have it, [social agencies and workers] cannot threaten
parents with court orders or the removal of children because parents
assert their Fourth and 14th Amendment rights and refuse to cooperate,"
added Thomas Dutkiewicz, of the Connecticut DCF Watch organization.

"Parents do not have to cooperate with DCF whatsoever and DCF employees
have to go away when parents deny them access to their home and
children," he said. "DCF workers here in Connecticut are trained and
instructed in this unconstitutional practice in order to conduct an
unreasonable search and seizure of the home and child. They are to lie
and threaten any way they can. All parents who were threatened should
file a federal lawsuit against DCF, their workers, their supervisors and
the police."

Now proceeding will be the lawsuit against Maricopa County Sheriff Joe
Arpaio, deputies Joshua Ray, Joseph Sousa, Richard Gagnon and Michael
Danner, social workers Rhonda Cash and Jenna Cramer, and Assistant
Attorney General Julie Rhodes.

The judge noted that the social workers misrepresented that they had a
court order for an inspection of the home, but refused to provide it. He
also noted the deputies were uncooperative, refusing to provide the
family their cell telephone number so the HSLDA attorney could talk to them.

The claim against Rhodes stemmed from her advice to the family that the
social workers were not bound by the Fourth Amendment in their intent to
search the home.

The judge said verbal threats generally are not actionable in a federal
civil rights proceeding, but in this case, "courts have held that a
threat constitutes an actionable constitutional violation in certain
circumstances, including 'when the threat is so brutal or wantonly cruel
as to shock the conscience�'"





CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....

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

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

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 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, 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.


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...
  #2  
Old October 26th 07, 09:58 PM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
Ivan Gowch
external usenet poster
 
Posts: 28
Default Court rules social workers must follow the U.S. Constitution regarding privacy and parental rights

On Thu, 25 Oct 2007 00:03:53 -0700, fx wrote:

[snip]

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

Your rabid campaign against those whose job it is to
protect children makes it all too obvious that you are
an incompetent and/or brutal parent/caregiver who
was the subject of intervention by some child
protective agency, and didn't like it one bit.

Your misleading propaganda and outright lies
fool no one.

As all well-meaning people know, child-protection
services are often the only entities standing between
incompetent, brutal and/or sadistic parents and their
vulnerable children.

Bless their workers for the difficult and thankless
job they do, and **** reactionary, devious,
child-hating clowns like you.

-IG


--
Posted via a free Usenet account from http://www.teranews.com

 




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