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For decades, state child protective service (CPS) agencies hand-in-hand with state family courts have saved thousands of kids from alleged abuse scenarios. One minor problem. They actually didn’t let Constitutional law get in their way.
Due process went to the wayside and no one was
watching. Until now.
leads the country in nabbing kids.
There the criteria for family removal has been reduced to the
ridiculous. Recently the U.S. 9th Circuit Court of Appeals needed to be
involved in a case where kids were separated from their mother because she
photographed them in the bathtub.
Fortunately the court had more common sense than CPS, validating the
mother’s “constitutional right to live together without governmental
The more kids that child advocate agencies take, the more
money states make. Title 4 Federal
grants pour millions into the states when agencies, under the veil of protecting
kids, pad their pockets by increasing their caseloads. So, if Title 4 isn’t stopped or reformed,
there will continue to be temptations to take kids on the side of caution — mistakes that benefit CPS agencies.
Under trained, overworked social workers have been trigger happy
far too long. And financial incentives
made double checking the work through due process optional. Now states are beginning to feel the ramifications
of those oversights.
The family courts have momentarily ducked scrutiny in many
instances even though their rubber stamps enabled this entire debacle while
collecting money through Title 4 racketeering schemes. The BAR Association is unlikely to bite the
hand that feeds them.
Being wrongfully separated from your kids is a hard pill to
swallow. Swarms of parents welcoming
legal reparations are waiting for judgment to fall upon their CPS, their
courthouse, their state. And now the lawyers who made their bread and butter on
removing kids from perfectly good homes can now jump to the other team; suing the
CPS systems that enabled their success.
It is clear that CPS lawsuits will continue to rollout. And with each successful lawsuit, the next
one becomes easier. The feeding frenzy
isn’t in full stride. Yet.
Money will flow. Laws
may change. But the true damage –
unethically removing kids from nurturing loving parents – will unlikely be
fixed within our lifetimes.