What's the best solution to CPS negligence?
Offline Current law in my state prohibits parents from suing the Child Protective Services, even if you can prove they were wrong for taking your kid away for a time. If the CPS worker removed your child due to gross negligence of CPS protocol, that also cannot be the basis of a lawsuit. If your kid gets taken away due to error on CPS's part, tough shit. You also cannot sue the specific case-worker that erred, since he/she was not working alone but as an agent of the state.
When the case-workers show up at your house to take your kid, cops right behind them, and you are positively certain their basis for taking your kid away is bogus, do you greet them with bullets? What's the right way to act in that situation if you know they are wrong, but also know that you can't sue them even when they are proved wrong later?
Some of us would say to let the system do what it does, and at least we can get our kid back someday.
Others would draw the line at the kids. You try taking their kids on the pretence of charges that are false, and you get a bullet between your eyes. Those who argue that way insist that they'd argue in court later that CPS's basis for taking the kid was entirely false, and thus they viewed the situation as attempted kidnapping by state-sanctioned authorities.
What say you?
Faith does not have the power to move mountains. However, it does have the power to make you think a mountain has moved.
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Sounds like the laws in your state need an overhaul. Unless you're beating, molesting, etc. you children, or cooking crystal meth or something in your house, you have every right to defend your kids from big brother.
This law is quite creepy, specially in America. I have heard a terrific reports, on how are parents or children taken away or imprisoned, for absolute nonsenses. Parents are afraid to regulate their children's behavior, because it could be interpreted as a parental violence. No offese, but this is why many of american children are extremely awful brats and sometimes they doesn't grow up of it. On the other side, they're at least able to be succesful in a competitive society.
Here, a well aimed slap to an ill-mannered kid is considered as a part of parent's duty, beating as a punishment is rare, but happens. I personally received quite a few flicks by a belt or a wooden cooking spoon, when growing up.
The result is obvious - people generally more keep to themselves, are too much humble, more reserved in their behavior. This is why they sometimes don't get a job, instead of a big-mouthed American with factically much worse abilities for that work.
Of course, my dream is to raise a child by an intelligent and loving way, understanding the needs, unfolding natural talents, and so on. But I would also have to pay attention if the child isn't tripping on sugar, dumbed by watching Teletubbies, or torturing a cat.
My teacher told in a class such a story about two American children, boy 8 years, girl (if I remember) 4 years. Once they were playing in their garden, and the girl needed to urinate. So her brother helped her to put her pants and underwear off, like a mother would do. Everything seemed OK. But a neighbour saw it from window and make a call to announce the crime. The 8 years old boy was accused of sexual molesting of his sister and taken to a detention house.
He was held there 10 years, before he was released.
I'm sometimes afraid of going to America. What if I would be seized and searched immediately by police because I have a long hair, accused of molestation, because being alone in one room with a woman or child, and die of a flu, because American insurance companies never actually pay anything to anyone, specially not to foreigners, and hospitals always ask for money first.
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I think you've gotten a bad impression of the USA by media reports. I had some friends from the UK over a couple of months ago and they had similar sentiments. I just laughed at them.
On all counts, of course, except the health system. Even I am very worried about getting sick, not because of my health, but because it would bankrupt me.
I doubt you have anything to worry about unless you look like you're from Asia Minor. Now the word "terrorist" is pretty much synonymous with "Muslim" the U.S.A. Many people in isolated areas assume all Arabs, Pashtuns, etc. are followers of Islam. So unless you have black hair and swarthy skin I doubt you have much to worry about.
You mean all the immigrants from Mexico down here in Texas are Muslims? I could have sworn they were Catholic.
"I am an atheist, thank God." -Oriana Fallaci
We have the social services in the UK and to be honest I feel very sorry for them. When they miss kids being abused even up to being murdered they get crucified, when they falsely take kids into care they also get it in the shit.
To be honest sounds like one of the worst jobs in the world, reguarly dealing with the dregs of society and having to help the most vulnerable in society.
I'm sure they get it wrong plenty of times but I won't want that job in a million years
In the US we decided to allow the government the right to intervene to protect a child. Sometimes intervention is an err on the side of caution, until the situation is investigated. If you dont think the government should have this right either fight to get the law changed, move elsewhere where government does not have that right or deal with it.
If you did anything to injure or impede a CPS worker during their duties I would hope you would be prosecuted to the full extent of the law.
This falls into the "THE LAW SHOULDNT APPLY TO ME" phase of thinking, and it couldnt be any more wrong.
"When the missionaries arrived, the Africans had the Land and the Missionaries had the Bible, They taught us how to pray with our eyes closed. When we opened them, they had the Land and we had the Bible." - Jomo Kenyatta
Add a Middle Eastern accent. Latin American accents = "Hey, I'll give you twenty bucks to fix my roof" to suburban America.
EDIT: added Watcher's quote for clarity
Ouch. That one hurts because it's true.
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What if you know you are innocent of the charges? When does violation of innocence justify physical violence?
Faith does not have the power to move mountains. However, it does have the power to make you think a mountain has moved.
CPS laws in the US vary from state to state, in some states the laws are better than in other states. I've never been much impressed with CPS, at least in California. Laws do give the case worker or the police investigating a report of child abuse, child sexual abuse, etc. the right to enter a home without a warrant to determine if the child is alright. No one may interfere with the entry and force may be used to enter if needed. In the US it is considered to be in the best interests of the child to do this.
Once a determination is made as to the legitimacy of the complaint the police or case worker will make a decision on what should be done. In California the goal of CPS is to maintain the family unit unless the situation merits other action. In the case of the police this would be limited to removing the child from the home and placement in a child protective facility for evaluation. If the arrest of an offender is warranted it will made. CPS conducts their investigation, usually within 48-72 hrs. and decides what to do. The options include returning the child to the home without action being taken, returning the child with follow-up visitations to check the welfare of said child, mandatory counselling or parenting courses, temporary but longer removal of the child for purposes of working with the parents to insure a safe invironment, or permanent removal of the child if deemed appropriate.
Having said that I have seen numerous instances when children were removed for varying periods when it was not necessary and also returned to homes where the danger had not been resolved and that included violent situations and where one parent was being charged with sexual abuse, or where the living conditions were dangerous.
Government in this country does not fully fund public safety agencies as they should be. Police and fire are almost always understaffed as are CPS, APS and other agencies charged with protecting the welfare of those not able to fully protect themselves. Politician's priorities are skewed in this country, in my opinion, primarily because of a pervasive religious undercurrent coupled with an attitude of it's none of our business what goes on in the privacy of one's own home and a belief that discipline is best left to the parents.
Also, politicians make laws based on their own ideas and prejudices, and the almighty dollar, as well the attitude that enforcement is a necessary evil. As a result they will do things in an ass backward way. A point in case can be made with the welfare agencies. Everyone complains about welfare fraud, but the investigative staff is never bolstered, and often they will not replace case workers resulting in heavier loads for those remaining. Case loads for a worker in a medium sized county in California can number 200-300. Case loads for the investigators can three to four times that. They are also under pressure to dispense with cases and many can and do fall through the cracks.
In California CPS can be sued in egregious cases where extreme negligence has occurred. Proving to a jury that the negligence was over the top is the trick.
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