CPS decisions - legal authority vs. parental consent

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Marina
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CPS decisions - legal authority vs. parental consent

Postby Marina » Sat Apr 21, 2007 8:16 am

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CPS decisions - legal authority vs. parental consent

Here is the best example I have seen.


http://www.cir-usa.org/legal_docs/muell ... amcplt.pdf

Here is a federal lawsuit or "Compaint" which shows how CPS workers coerce parents into cooperation when CPS has no legal authority to make decisions.

http://www.cir-usa.org/legal_docs/muell ... amcplt.pdf

page 3

6. Alternatively, upon information and belief, defendant ... acted under color of state law by conspiring with state officials to take actions that constituted a deprivation of plaintiffs' constitutional rights.

8... are the natural parents of, and have custody of their sons...

page 5

13... did not consent to the administration of antibiotics

15. (Mother's) decision... was reasonable under the circumstances, and well within her prerogative as parent...

(the baby) ... was not in any imminent danger...

Each of the defendants knew or should have known that (Mother's) judgment was reasonable.

17. Unbeknownst to (parent), defendant ... had called Child Protective Services ("CPS") ... and was planning to enforce hospital protocol without her permission.

page 6

18. ...defendant ... advised (mother) that, although she was not being accused of child abuse, she was endangering her child by ...
(Mother) attempted to explain to him her reasoning for ... and her view regarding .... Defendant ... then threatened to declare (child) in imminent danger despite the fact that he knew (or should have known) that she was not.

19. ...defendant ... subsequently kept (baby) and refused to return her.

21. Neither defendant ... nor anyone else at (hospital) nor anyone associated with CPS nor any of the City Defendants attempted to contact, or did contact, (father) before they interfered with his rights of parental custody.

22. Detective ... then stepped in front of (mother) preventing her access to the telephone and shoved a form "Notice to the Court" ... into her mid-section stating that the child had been seized and removed to a shelter.

(Mother) turned around to see her child being taken away by defendant ..., and she was dragged protesting down the hall by two police officers ...

23. Although the Notice to the Court under ... Code ... is supposed to inform the Court of the place to which the child is being taken, the Notice given to (Mother) did not.

page 7

24. In fact, (baby) was not taken to a shelter much less "removed" to anywhere, as the Notice stated. Rather, she was kept in the hospital and forced to undergo medical procedures to which her mother had objected. The statute under which Detective ... purported to act ... does not authorize transfer of legal custody to the state nor does it authorize the state to make medical decisions for a minor. Because (baby) was not in any serious danger, it also did not authorize (baby's) seizure.

25. While there is a provision of ... state law that permits a court to order emergency medical treatment of a child... no effort was made to comply with that provision. Each of the defendants in this case deliberately avoided using that provision because it would have required them to justify their illegal actions before a court.

26. Defendant ... did not have a reasonable belief that (Mother's) and/or (father's) legal guardianship of (baby) had been properly taken away.

page 8

27. (Mother) demanded that her baby, a nursing infant, be returned to her. She repeatedly asked to use the telephone to call her husband..., and was continually denied the use of the telephone by the police officers. Instead, the police officers threatened to handcuff her. ... invited her to leave and asked her when she was going to go home. She repeatedly stated and explained to the officers that she could not possibly leave her baby.

28. ... a social worker ... arrived with the Department Consent Form.
(Mother) questioned her regarding the need for consent to anything, since they had already taken her daughter. At this point, (Officer) told (social worker) to leave. Then defendant ... told (Mother) that the consent had to do with her Court date. When (Mother) asked defendant ... to have the social worker return with the form so she could look it over, defendant ... would not allow defendant ... to return, saying to (Mother): "No, ... During this time defendant ... repeatedly threatened to handcuff and jail (Mother) for being emotional and for trying to use the telephone. She was physically and verbally bullied by defendant ... Again, the police officers asked her if she planned to leave the hospital and she reiterated that she refused to leave her child.

29. Defendant ... administered antibiotics ... without (mother's or father's) consent. Administering steroids was not standard hospital protocol and no one had previously asked (mother or father) for consent to administer steroids to (child).

30. ... the on-call social worker... consulted with defendant ... After consulting with ..., (social worker) signed two medical consent forms in defendant ... name:
(1) a Department of Health and Welfare "consent for medical surgical treatment," which defendant ... witnessed and (2) ...hospital "medical center consent." Neither ... nor (social worker) had authority to sign such forms because the state had never obtained legal custody of (child). Following these consents, defendant (doctor) performed a spinal tap on (child)...

page 9

33. The next day, defendant ... tried to get (mother) to consent to the procedures that had been performed the previous night.

34. Upon information and belief, defendants ... are supervisors within CPS, and authorized the acts of defendants ...

35. (Parents) were forced to retain an attorney to regain the custody of (child) ... The neglect case against the (parents) was dismissed.

page 10

36. Upon information and belief, defendants conspired together, ... to achieve the goal of illegally depriving the (parents) of custody of (child) in order to perform an unauthorized and invasive medical procedure on her, to prevent the (parents) from interfering with that procedure, and to induce them to consent to this illegal conduct after the fact. Each of the defendants took or authorized acts, as described above, to effect the goal of the conspiracy.

37. Each of the defendants aided and abetted the other defendants in performing the illegal and tortious acts described.

page 13

54. The ... Department ...Welfare's policy, ... is to take custody of children away from their parents without legal authority and under circumstances and conditions that violate those parents' constitutional rights because the deprivation is effected without court order in the absence of imminent harm.
The City ...assists the Department's employees in effecting this policy ...

57. ...Code permits the removal of a child from his or her custodian without court order. That section is unconstitutional, and has been applied in an unconstitutional manner, because it does not require authorization of a court for removal where time reasonably permits, in violation of the due process clause of Fourteenth Amendment of the United States Constitution.


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