By Leonard Henderson
Can CPS take kids without charging parents?
May 22, 2010
Yes, absolutely. On the flimsiest premise.
It's an exigent "emergency". It's ALWAYS "In the child's best interest" to be kidnapped from his/her home and doped out of their heads.
CPS agents simply cannot leave a child in their home (which IS the child's Fourth Amendment Right) because in the exceedingly rare chance that the child really is in danger, and if something bad happens, the CPS agent is in for lots of bad press.
But if the child is kidnapped kicking and screaming and hauled to a foster home where he/ she gets immediately beat, raped, or killed, the CPS agent is off the hook. Scot free. And then the state goes into denial, locking info up as "confidential", and does their best to spin the story some way other than THEIR culpability.
Whatever the reason the CPS agent invades a family, she already has the accusation, Hot Line report, or mandated reporter referral. And as far as she is concerned YOU DID IT. Or it's your fault. Or you "should have known". Or just whatever.
The BLAME is on you. And the "evidence" is the accusation.
CPS operates on the "Kill them all and let God sort them out" method. Her job depends on "finding abuse". She isn't an investigator. She doesn't care about the truth. Her job is to feed new warm bodies into the meat grinder.
The state doesn't make any money for "screening out" false allegations. Nor does the state get paid for "fixing families".(There is an exception, called a "waiver", being tried in Florida) No, the state gets paid for kidnapping kids and putting them in foster care. Years ago, somebody coined the term "Perverse Incentive".
If the kid is sufficiently unhappy about his/her being kidnapped, the state has no problem with "diagnosing" the kid as "mentally ill" and the kid will be DOPED. If the kid has a big enough problem with their kidnapping, he/she will be declared "Special Needs", put in Residential Treatment on high levels or multiple drugs. The state gets $12,000 a month for that.
And you, the parent have absolutely nothing to say about it. You get a "Safety Plan" or "Service Plan" whereby you get to take Anger Management classes, Parenting classes, Drug Rehab, or whatever other classes they might have, jumping through their hoops until you get TPR'ed.
The agency may get around to "charging" you later in their unconstitutional court of NO Due Process.
But no, they don't have to "charge" you with anything to kidnap your kids. In fact, it's the kid's new "Civil Right" to be kidnapped by the state. They prefer to kidnap the kids at school, so they don't even have to deal with you until the dirty deed is done. As the old saying goes- possession is 9/10th of the "law".
And then (unless you are extremely rich and can afford a top-notch lawyer who knows how to vigorously defend a CPS case) it's time for you to have to learn How to Fight CPS.
COMMENT on this story
be wise by the misfortunes of others than by your own."
--Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at "How
To Fight CPS"-
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Leonard Henderson, co-founder
American Family Rights Association
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
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I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead an ATTORNEY (http://dictionary.reference.com/browse/attorn) talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)