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Originally Posted by lolalola
 My question to you, though, is, do you really feel that mothers are NOT under intense scrutiny already?
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| A neighbour can call CPS for no real reason, with no real evidence of harm, and officals have the right to inspect your home, your children, and assess your performance. |
Mind you, if a CPS worker gets a call they have to investigate, and it's their job to investigate to the full extent that you let them. So, most won't tell you you have a right to refuse them entry. They'll often tell the parent, "I can just get a warrant and come right back, but it'll be worse for you if I do" --
but the truth is, family court judges won't issue a search warrant without there being strong allegations that your children are in imminent danger of death or severe injury.
Also, you don't have to answer any questions without a lawyer present. So if they knock on your door without a warrant, you can simply take their number and offer to call and arrange an appointment in a neutral location (don't bring your kids, but do secure and bring a lawyer).
You don't have to sign any papers, such as a care plan, and you shouldn't sign anything.
Caseworkers would rather you let them in without a warrant because:
1)It's unlikely that they can get one, and
2)The warrant limits them in their search. A warrant clearly spells out what the worker is authorized to search for, and they're not as free to just sniff around for whatever turns up. Without a warrant, they can rule out the caller's allegations and close that case, but still find other "concerns" and open a whole new case.
Yes, I've heard all the jargon about how they're over-worked and just eager to close your case -- but the truth is, if you fit certain high-risk profiles, they're actually inclined to grasp at anything to keep their foot in the door. It's easier to grasp at stuff if their search isn't circumscribed by a warrant.
A lot of the horror-stories I've heard, happened when parents didn't know their rights and let the workers in without a warrant, and even signed care-plans, answered questions without a lawyer present, and allowed access to their kids. From my understanding, this basically authorized the workers to keep coming back.
If a CPS worker claims they have to see your children to make sure they're okay, I think you can offer to have your doctor write a letter. Virtually any "concern" about your children's wellbeing can be satisfied with a doctor visit.
Well, obviously if someone makes allegations that you're beating your child to death, they'll have to see your child right away, but in those cases they're likely to show up at your door, first visit, with a warrant and a couple of police officers.
Sexual-abuse allegations might also be an exception, though I think some forms of sexual abuse are discernable through medical examination. I think I'd still hold out for a court-order.
Sorry so long-winded! My point is that there are laws in the U.S. to protect families from unwarranted searches of their homes, and unwarranted seizure of their children. Not everyone knows about them, but they're there.
I'm wondering if increased socialization would change this. Do parents in most socialist countries have to let CPS workers in without a warrant, just because someone called them in?
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