How do I handle this and what are my rights? - Mothering Forums

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#1 of 9 Old 08-28-2006, 12:18 PM - Thread Starter
 
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As many of you other moms understand I am always a tad leary of social services and do my best to avoid them. My children are unschooled, non vaxed, etc... I just would rather be safe than sorry. Well, i babysit for my next door nieghbor through the week and she was reported to DSS thsi past week for leaving her 3 year old unsupervised. (she does it constantly and I myslef was about ready to report her after I soke to her about it frequently) So, I agree they need to get involved. She will nap and he will be out running around outside and we live in a fairly busy apartment complex where he could get hurt or hit by a car..... My problem is I have him and his baby sister all week. there is already a case here as she lost her son fro 2 years so theyy are watching liek a hawk now and the caseworker told her she would be out here every day this week. What are MY rights? Do I have to allow her in my home where he is when I have him? Or can I still demand a search warrant? i of course will not appear like I am fighting against them, just iffy about the worker in my home, ya know? Or is it a different sceanario since I am just a sitter and there is a case against her already? I do not really know what i should ro should not say to her. Friday she came and asked to see him and he was right there in the livingroom so she remained in the doorway/ She just looked at him and left. But what if she comes when he is napping. Cam I ask her to come back later or do I have to let her in my home to see him?
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#2 of 9 Old 08-28-2006, 06:13 PM
 
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*Deleted cuz US and Canadian CPS too different to draw similarities.
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#3 of 9 Old 08-29-2006, 12:24 AM
 
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In the US, CPS can NOT enter into a house without a warrant unless invited. Personally, I would be leary of letting them in my house. I have had bad experiences with them and do not like them in my home.

If I was watching a child they needed to see, I would let them see them outside if they were awake, or ask them to come back if they were asleep. At the worst, I would wake the child up and carry him/her outside. For me, that is better than letting them in my house.

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#4 of 9 Old 08-29-2006, 12:40 AM
 
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Legally CPS cannot enter or force their way into your home. If you are concerned, I would not allow her inside the home, and request that she show you a warrent before producing the child. First off, you should check with the mother to determine weather or not she wants CPS to see her child while she is in your care, without a warrent or her consent/knowledge. If she does not agree to allow you to produce the child upon request of CPS, then I would honor her request.

If the CPS agent asks, you can state that the child is present in your residence, and that you prefer that they not come back to your home w/o a warrent or w/o written consent from the mother allowing them to see the child.
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#5 of 9 Old 08-29-2006, 12:47 AM
 
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I hadn't thought about that, but ITA! If it was my child, I would NOT want CPS talking to or touching them without a warrent or direct permission from me. CPS is sneaky and will try to get at the child behind the parents backs.

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#6 of 9 Old 08-29-2006, 12:58 AM
 
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I'd think that it would be best for you to tell CPS to see the child when he is with the mother.

Midwife (CPM, LDM) and homeschooling mama to:
13yo ds   10yo dd  8yo ds and 6yo ds and 1yo ds  
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#7 of 9 Old 08-29-2006, 01:33 AM
 
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Quote:
Originally Posted by phathui5
I'd think that it would be best for you to tell CPS to see the child when he is with the mother.
Yes, I think that's best. Even in cases of neglect, they still have to follow the law, because any deviation from that will lead them even more to believe that they can do anything they want. The law is there for a reason.

Bethany, crunchy Christian mom to Destiny (11) Deanna (9), and Ethan (2)

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#8 of 9 Old 08-29-2006, 11:26 PM
 
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Quote:
Originally Posted by phathui5
I'd think that it would be best for you to tell CPS to see the child when he is with the mother.
Yep, the mother is the one who is under investigation. If the child is awake then sure, have him come to the door (why make it difficult if he's right there? you don't want to make it seem as though you're obstructing them or anything...), but if he's asleep then tell them to see him later with his mother.

Best wishes!

love and peace.

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: Circumcision can never be undone :
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#9 of 9 Old 08-31-2006, 01:12 PM
 
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I've also read that it is wise to get a neighbor or someone else to be present before you would allow CPS into your home. Just tell them they are allowed in but not until you get another person present as you are on your own (even if they do have a warrent). This would help keep CPS on better behavior as well as have another present to observe what's going on in case there is an issue.

Do you have any neighbors you could ask in advance? It might help giving someone a little warning just in case you should need to call them over.

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