my update

[simplebirdsnest85]

Jan 2008 we got the dreaded phone call that changed our lives for 1.5 yrs. Our Daughter was 11lbs at a year old. CPS stepped in to "save the day". For 1.5 years we went through more pain than most people can imagine. Finally this summer we got her home. We had started to move on, then again how do you? Only to find CPS on my doorstep today. Oh no, not the same county, not even the related issues. This time, though we STILL have an open case (out of court, but not out of system) in one county, the other county decided they had to become involved due to an allegation made yesterday- Kids were locked in their rooms, we left them to scream downstairs while we sleep upstairs, the house is filthy. They "Claim" they came yesterday and then early this morning and no one answered, well they didnt. Oh but how they did show up today. Oh how they did.

They showed up ready to go. Claiming I had to let them in or theyd get a deputy, that they didnt need a warrant, when i knew otherwise. I told them the Social workers name and number, told them to cal him- take it up with him... no go. Then they accused me of hiding something, guilt tripping me. Finally the deputy did show up, they did look inside and of course there was nothing wrong but i was less than pleased. They had my daughter open the baby gate to prove she can get upstairs and is not locked in. They asked the same stupid questions- do you have food? medical? wic? in all i replied No and we dont need them-- been there done that. THEN, the F8ckers (sorry for language) had the NERVE to ask if our daughter, who had been taken away and was home now, if her weight was up and she was healthy- in which my reply was " yes if it wasnt i dont think the court would be closed out do you?"......

So in the end our caseworker who is keeping tabs talked to the crazies who came today and by some miracle worked a miracle and they left and arent going to do anything. Thankfully for now, i am out of the woods. I am tired of living this way- I wish theyd leave us alone.

My Questions:
1) can they just ignore us being involved in another county like that? I mean I literally had to hand the Hag the phone for her to talk to our social worker
2) I know they need a warrant right? They couldnt just get a deputy and thats it? next time I dont have to let them in?

[LindaJM]

FOURTH AMENDMENT [U.S. Constitution]
'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

If you're in one of the Western states there's a clear court ruling preventing CPS workers from entering without a warrant. Some caseworkers in other states still think they have the right to coerce entry.

Actually, some in Western states still do it too.. but they're likely to be sued for doing so.

[simplebirdsnest85]

We got a reply back from our lawyer (from when CPS had custody of our daughter) and he agreed with you two- they did violate our rights and we should sue their pants off. Its not even about the money, the emotional distress (though it mostly is this)....its about how Im tired, SICK AND TIRED of going through this with my kids and if no one stands up to them, whether like we tried to yesterday, or in court, they will keep getting away with it! They will keep bugging us.

I didnt get my daughter taken away and given back to sit here and be a doormat for CPS anymore.

[angelheart83]

Good for you! Sue 'em to oblivion!

I intend to sue if my friend passes the bar...I'll find out on Friday. *nervous* I wholeheartedly agree that CPS victims should sue whenever possible, because it brings their corruption to light and may help other families. We need more and more court decisions in our favor, eventually they will have to respect those decisions! They shouldn't be allowed to keep getting away with it, like you said...suing is a potentially powerful way to put them in their place.

Do it!

[simplebirdsnest85]

I made up a note to put on our front door, i am pretty proud of myself to tell the truth.

To Whom It May Concern:
If you are here on my doorstep and work for the local, state, or federal government.....
-I am upholding my 4th Amendment U.S. Constitution Right. That right clearly states, you can NOT enter my home without a warrant of probable cause.
NO government official is above the U.S. Constitution.
-You are subject to being tape/video recorded. According to O********** State Law, I have this right and I am not obligated to ask for permission or give notice.

and yes I am serious about hanging it on my door. For one for laughs and for two so they know I am serious next time they come back. I home school too and I guess I should of included that O*********** states I can Home school too, but ill print out that law and just leave it by the door.

[angelheart83]

If you do a Google search, you can find and buy a doormat that says "Come back with a warrant".

I'm tired of these people being officious pricks who think they can meddle into anyone's life. And I'm tired of them thinking they are above the Constitution. I wish I had the guts to put up a note though!

[simplebirdsnest85]

I should get that too, lol.

I changed up the note a bit, about the recording. but I am going to put it up. I mean why not? They still would of knocked on the door and wasted their time and mine the other day but at least they would of known I am not stupid. Please dont take that people who dont spout out the constitution are dumb, i am in no way implying that. I just mean we all know how CPS is known for dumping everyone into a group and treating us like stupid cattle. they HATE it when you know what youre doing and talking about. It drives them bonkers!

[angelheart83]

It drives them bonkers when you remind them of the limitations of their power and that unnecessary intrusion actually harms the children they claim to be "helping".

[simplebirdsnest85]

I told my husband last night if they come back we are getting another dog. A Big, Scary, Mean dog and naming it Misery or Mayhem. LMAO!

ETA: Hubby just said " I wonder how theyd like it if Misery or Mayhem bit them in the a$$"... oh where would we be without laughter in all this?

ETA: This is a Joke- we are not getting a dog intended for this. Just throwing that out there.

[angelheart83]

They might think up new allegations if you do that. "Parents allow the children to be around an aggressive dog and this is dangerous to their safety." Nevermind that just because a dog aggressively protects their home and family doesn't mean that the dog will be aggressive toward the children.

That being said, I still plan to do the same thing when I move into a home that allows dogs.

[TDD84]

Yes, they would most certainly come up with some new things to put in their report, but that doesn't keep me from laughing at the thought!

[simplebirdsnest85]

i dont really plan to get a big, scary dog. We might get another dog, but not a Rotti or shepherd, lol. I have 3 lab mixes and theres not one that is big and scary, although im sure if prompted theyd protect as would any dog.

and i have already been down that route with them on having dogs. " if you have no money, how can you afford dogs" (back when hubby was unemployed). When I told them exactly how we did it, they backed off and I havent heard anything since.

[MaggieC]

They always need a warrant or a court order unless they stipulate that the chilkdren are in imminent harm (a hard thing to stipulate in most cases).

Your best line of defense is to keep the attorney's phone number handy and shoudl they come calling again, you call your atty and have him/her speak with them.