CPS and the usurping of Legitimate Authority

[gideonmacleish]

When agents from Child Protective Services show up at a parent's door, many parents are prone to let them in, believing they are the "cops", or at least, a law enforcement agency. They are most assuredly NOT. CPS' legally defined roles will vary from state to state, but in at least one state (Texas) they are defined as follows:

The Child Protective Services Division investigates reports of abuse and neglect of children. It also:

Provides services to children and families in their own homes;
Contracts with other agencies to provide clients with specialized services;
Places children in foster care;
Provides services to help youth in foster care make the transition to adulthood; and
Places children in adoptive homes

Note that their own information clearly shows them not to have the authority of a law enforcement agency. In fact, CPS is the ENEMY of legitimate law enforcement.

You see, law enforcement (and CPS as well) are bound to following legal procedures when conducting an investigation. When CPS conducts an investigation; however, it routinely disregards those legal procedures. CPS agents will begin their investigation independent of law enforcement and without following proper procedures. Their searches are often conducted without a warrant, often on spurious information relayed by a malisious ex spouse or neighbor who dislikes the parents in a particular case.

Because statements are obtained without advising the accused of their rights, they are inadmissable in a court of law.

Because evidence gathered by the CPS investigator is not gathered according to well established protocols meant to preserve the integrity of the evidence in question, the evidence gathered is inadmissable in a court of law.

Because the anonymous reporter's identity is not available to the defense, their statement is inadmissable in a court of law.

I detest child abusers as much as anyone. But I want to see them put behind bars, not simply subjected to a "civil" trial and having their children taken away. Because child abusers are quite often serial abusers, they WILL abuse again, and again, unless they are stopped.

By tainting evidence that could be valuable in a criminal investigation, CPS investigators actually OBSTRUCT, rather then deliver, justice. Law enforcement officers following CPS into a home where abuse or neglect has been alleged would be hard pressed to find any piece of evidence against the accused that hasn't been tainted by the hand of the agency that initiated the investigation.

Current laws in many states allow CPS workers to be hired from anyone with a college degree, regardless of the major. No psychological evaluations to screen out those whose motives might be less than honorable. No training in evidence collecting, little training in objective reporting. Simply a set number of hours training, then they are sent out into the field to do their dirty work.

Legitimate law enforcement personnel are (for the most part) highly trained, and (usually) highly professional. Even when they are not professional, the checks and balances against corrupt officers works more often than not to eliminate those officers when it is used correctly. They often enter a potential crime scene with great care, knowing how their wrong actions could taint an investigation. Chain of command is utilized, making it extremely hard for evidence tampering to occur without there being some evidence of it having happened.

Law enforcement needs to be left to those who are trained as such, not to those whose motives taint their investigations. CPS should be eliminated completely, and investigations into allegations of abuse and neglect handled by the local police trained specifically to handle such investigations. Too many guilty are walking around scot free and too many innocent parents go to sleep at night in a house devoid of the children they've loved and cared for because of the irresponsible actions of these individuals.

[Dazeemay]

Liked what you posted and I hope to use on Monday.

This part is a little scary though.

CPS should be eliminated completely, and investigations into allegations of abuse and neglect handled by the local police trained specifically to handle such investigations.

Texas is already using law enforcement officers and they are just as bad if not worse than cps.

Look what happened in New Orleans and they are pleading "not guilty" when millions have watched the video on tv.

Many police officers have torn apart the rooms in many homes and then took pictures of this saying the parent had a dirty home.

Texas Ranger would not even help a grandmother who could prove that her granddaughter was being abused and molested.

I don't know....are we suggesting jumping from the frying pan into the fire.....or are we jumping from the fire into the frying pan???

[gideonmacleish]

Not entirely sure...but there are far more stringent complaint procedures when police are involved...not to mention, people aren't as quick with spurious complaints.

I'm trying to formulate my position in a way that doesn't appear adversarial....it will greatly increase my chances of getting elected and making a difference from the inside.

(sidenote: I HATE being a politician, but there aren't enough honest people out there willing to do it, so I kinda hafta do what I hafta do...know what I mean?)

[Dazeemay]

Court of Law definition: A court that hears cases and decides them on the basis of statutes or the common law.

A court room is a room in which a court of law is held.

Isn't a hearing held in a court room by a judge? Then doesn't it constitute it to be a court of law and therefore all cps evidence should not be admissable?

Someone else way back on the board kept saying we need to when we get on the stand keep stating what law did I break. Quote the law that I broke etc.

I am hoping we get a chance to say all of this.

[Chaco]

Texas is already using law enforcement officers and they are just as bad if not worse than cps.

Look what happened in New Orleans and they are pleading "not guilty" when millions have watched the video on tv.

I think I missed that story. If you have it handy, could you please post the link? I'm curious as to what happened. TIA

I agree with Gideon on this thought process. All the wrinkles may not be ironed out yet but the basic idea seems to be on the same lines of what I've always thought.

It would appear that in Texas the police are LOWERING their standards and conducting investigations exactly like CPS does. This wouldn't qualify for "police investigation." You're exactly right with what you said as far as jumping from the frying pan into the fire or vise versa. It CAN'T work, if you know what I mean.

Child abuse is CRIMINAL! There's no getting around that. It needs to be investigated PROPERLY. So instead of bringing the police to CPS, we need to bring the CRIMINALS to the POLICE. Does that make sense? Just my two cents.

Chaco

[Chaco]

Someone else way back on the board kept saying we need to when we get on the stand keep stating what law did I break. Quote the law that I broke etc.

I am hoping we get a chance to say all of this.

{{{giggling}}} I hope you get a chance to do this too.

Chaco

[Dazeemay]

Chaco,

I believe it was Michael who pointed out that they were using Texas law enforcement and they were worse than cps.

You could look under his posts.

[Chaco]

I believe it was Michael who pointed out that they were using Texas law enforcement and they were worse than cps.

You could look under his posts.

Okay, I found it. I just did an internet search. I was talking about the New Orleans beating you mentioned. I didn't hear about that! I really need to watch TV once in a while, sheesh! A story THAT BIG, hmmmm, a person would think it's impossible to miss!!! I didn't think I'd find the story on the info I had to go on, lol... but NO PROBLEM! It's THAT awful that it comes up with almost no info.

Crazy people out there in AUTHORITY positions. I'm glad they are on UNpaid leave from their job! That's a start, now we get to wait to see if they get a little jail time for it. I'll bet not though because they'll have some shrink come in and say they were under too much stress or some such nonsense.

Chaco

[sob900]

Court of Law definition: A court that hears cases and decides them on the basis of statutes or the common law.

A court room is a room in which a court of law is held.

Isn't a hearing held in a court room by a judge? Then doesn't it constitute it to be a court of law and therefore all cps evidence should not be admissable?

Someone else way back on the board kept saying we need to when we get on the stand keep stating what law did I break. Quote the law that I broke etc.

I am hoping we get a chance to say all of this.

Yes keep asking them what law you violated and if they say you have'nt broken any laws, this is a civil matter, then ask him what contract have you breached to wich relief can be granted. Since they can show you a contract or prove any violations of the law, I would demand the case be dismissed with out prejudice. Also invoice the DHS with your time and cost for uding you and your cildren with out your consent. With me they are up to $536,856.10
Dan