no warrant

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pinkpanda5
Posts: 3
Joined: Sun May 12, 2013 8:02 pm

no warrant

Postby pinkpanda5 » Sun May 19, 2013 3:32 pm

Can cps take children without a warrant? They showed up at my door and said they had a report of child abuse and that they visited my daughter at school and there was a bruise on her face and if they could come in. I let them in, and asked their questions, and I answered them. Then they said that they don't feel comfortable leaving my daughter home alone with me. Then they asked if they could tour the house and I let them, and at the end she said "I don't see anything dangerous to your children here, but it is quite messy." Then they (cw and intern) whispered a lot. They told me that they cannot leave my children (I have 5, 3 in school) with me, as they felt they were in imminent danger. I immediately called my husband at work, which they said they will contact him and inform him and that they could not wait for him to get home. In this time, my oldest three came home from school, looking a little confused of all the company, but went on with their normal routine, snacks, t.v., etc. Anyways, if they knew they were going to take my kids wouldn't they have taken them from school and not let them come home? And if there was nothing dangerous about my house is "messy" enough to take them? I've been reported a few times before but nothing ever came about any of them after the caseworkers first visit, I've had "services recommended" and I took their classes and crap but never nothing has ever gone this far!! im so confused!!! Do they have to have a warrant? I never got ANY type of paper or anything other than an affidavit 3 days later....can someone please help me? ive been trying to look up my right but I cant find anything to answer my questions...

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: no warrant

Postby Eljay » Tue May 28, 2013 1:43 pm

They can take a child(ren) without a warrant when the children are in imminent risk of harm. Meaning... there is no possible way to leave them unattended for the amount of time that it would take to secure a warrant (let's ballpark 2-3 hours, depending on where you live).

This requirement is routinely abused by CPS because they CLAIM that the child is/was at imminent risk of harm. The reality is usually much different. If mom/dad are dead, in an accident or chasing the kids around the house with knife, then there is imminent risk. Otherwise, there is usually time to get a warrant.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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