Did you know that you don't have to let them in? (cps)?

Question

Did you know that We the American people have constitutional rights that protect us against Child Protective services From entering ours homes with out a warrant. If the do coerce you in they Violate Us code 18 section 241 us code 18 242 and Tittle 18 Part 1 section 2235 and 2236
They are an agent of the Government and that applies to them. No officer or agent may enter in to a home with out a search warrant. This applies to cps workers also. unless a crime is in progress No agent can enter a home with out a Warrant. Know your rights or loose them read the fourth and fourteenth amendments. also view some cases where they were found to be unconstitutional calabretta v floyd et al 1999

Answer 1

you are 100% correct, but also they can get a Ex-parte order from a Judge, removing your child from your care, and have a hearing within 14 days after the removal.

I work in a District Court. We handle all the CPS cases for this county, approx Population is 800,000.

It really depends who CPS send to my door if I would open it or not. CPS is a good agency, but like all governmental bodies, you have the good with the bad.

We have a saying in court, "When in doubt, protect the children."

Answer 2

That law may be implemented in America, but what about other countries? If the Department of community services came to my door, (or cps as you call it there) I'm sure there would probably be a very good reason why they were there in the first place. If necessary, it would be very easy for them to go to a judge and obtain whatever paperwork necessary in order to follow up on a report of child abuse. Most cases that are reported are taken very seriously, and so they should be!!

Answer 3

I let the caseworker in because my husband and I knew him, and everything turned out all right. But many caseworkers don't really understand the parent-child dynamics, and you can't learn them from a textbook. There are misconstruances
where children have been taken away from innocent parents. Many innocent parents get their kids back later, but not before being put through HELL by an extremely stressful CPS and Family Court system, who are scared to death of making a mistake on the side of the child getting hurt.

Therefore, if you don't know the caseworker or that caseworker's reputation for dealing with parents, it is much safer to make him/her go get a warrant!

Answer 4

Before you go to law school and learn you are a complete idiot, I suggest you actually READ the opinion or the court which can be found HERE: http://familyrightsassociation.com/bin/caselaw/calabretta_v_floyd.htm

This is NOT a blanket denial of entry case but one founded on the facts of this particular situation.

Learn to discern one case and it's precident from another.

Answer 5

There's always the Constitution.

Oh, you should learn how to spell "amendment" before giving legal advice.

You know what's amazing? I have been a father for almost 13 years, and CPS has never found reason to knock on my door. Funny.

Seeing as you're asking questions about killing and eliminating pee odors in a child's bedroom, I can see why you might be nervous though.

http://answers.yahoo.com/question/index;_ylt=At0XLxpyLnA55YSYagtXOqPty6IX;_ylv=3?qid=20071104114008AAaU4XM

Answer 6

nicely first it does no longer be unlawful in case you enable him given which you advised him no. yet often police do no longer prefer to do a seek except they have in all probability reason to accomplish that. i'm questioning through fact he replaced into going to call cps...perhaps he felt considered one of your infants replaced into in possibility? you extremely have not given sufficient information for a appropriate answer.

Answer 7

If they receive a complaint ,they can investigate ,if the child is in imminent danger then the social
services people can come in also if the police are called to that location on a job then they can call in social services

Answer 8

Yeah,
I'm aware that without a search warrant they can't go in unless you open the door...that's why we must stop opening doors to check who it is. Although I believe that even if you open the door they still can't go in without permission but then again once the door is open how can you prove that you didn't give them permission.

Answer 9

So...why are you so interesting in thwarting Child Protective Services?

Answer 10

I doubt they are restrained; I'm sure court protective orders give them the right.