What To Do If CPS Violates Your Civil Rights!!! Episode 44:The Secret: How To Fight CPS & Win!

 Know Your Civil Rights!

You know exactly how overwhelming and distressing it can be if you've ever been visited by Child Protective Services. When anyone with the legal authority to take their children into account is present, even the best of parents can get frazzled.

Sadly, unless your civil rights are violated, you probably won't have any legal argument against Child Protection Services resulting from the regular acts of the department or its members. So, you probably won't be in a position to sue for emotional distress. However, people can sue CPS when civil rights are violated, and these lawsuits can be expensive for cities.

It does not automatically establish a civil rights violation when a CPS worker comes to your door to do their job and investigate a complaint, no matter how distressing the situation might be for you. In fact, if, in good conscience, a CPS worker suspects that there is a possibility of imminent harm to your child, your child can be removed without a court order immediately. And this is also not a violation of civil rights, even though they are later found to have been incorrect, it is their opinion that matters most at the moment.

Unfortunately, by the threat of taking away their children, CPS will also coerce investigating offenders into supplying information or substance testing, which again, possibly does not increase to the extent of a breach of civil rights.

If CPS crosses the line in breaching your civil rights, you might have legal relief at your disposal. This may occur when a case is investigated by overzealous or untrained social workers without adhering to individuals' constitutional rights, particularly those concerned with due process and search and seizure. Every citizen has the right, under 42 USC 1983, to be free from constitutional violations caused by government actors.

For example, if a child is removed without there being any justification for the good-faith assumption of a worker that the child is in imminent danger, then under section 1983, that may be a breach of due process. Parents are urged, however, to employ an attorney to evaluate these types of arguments, as the feelings of a parent can prevent them from seeing the forest through the trees (as they say). Such arguments are extremely complicated, especially because they deal with their own subjective perception of a situation by a CPS worker.

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