If a woman were raped, would you call the Rape Crisis Center to investigate the crime and gather evidence to convict the rapist or would you call the cops? If someone breaks into your house, will you call the cops or would you call a social worker? If someone robs a convenience store, would you ask someone with an associate’s degree in psychology to come fingerprint the place?
No, in each of these cases, you would take the appropriate action and contact a law enforcement agency. That’s what law enforcement does – it enforces the law and investigates crimes, while gathering evidence to support the commission of that crime.
When it comes to our most precious children and our family units, why do people feel our children deserve less the any other victim of a crime? Why would we call the appropriate law enforcement agency to investigate any other crime, but our children end up with unskilled, overworked and unqualified social workers to investigate the horrible crime of child abuse or neglect?
The Truth about Child Protective Services (CPS)
Child Protective Services, whatever name they go by in your state, is nothing more than a government funded social services agency. Their job is to provide services such as advocacy, safety, counseling, and protection for children who are found to be victims of the crime of child abuse or neglect. They receive funding based on how many children they can provide services for, so it is in their best interests to find abuse or neglect when it is reported.
The Truth about Law Enforcement Agencies (Police, Sheriff, etc)
Law enforcement agencies are assigned the task of protecting the community in which they serve by preventing, investigating and gathering evidence about crimes. It is their job to do this, regardless of whether an arrest or conviction has taken place, and their agencies do not get additional funding for finding crimes. It is their job to investigate alleged crimes. It is not CPS’s job to do so.
What CPS Is and Is Not
What Child Protective Services is not is a law enforcement agency. They are a social services agency. None of their staff are qualified or trained to investigate a crime, gather evidence, follow proper judicial procedure when interviewing witnesses, or any other law enforcement training necessary to properly investigate a crime. Additionally, and what most people don’t know about CPS, is that they actually cannot remove a child from a home.
Confused? Don’t be. This is the problem that gives CPS so much power over family: ignorance.
Know Your Rights
Child Protective Services cannot, by law, remove a child from a home without proper judicial procedure. In fact, Child Protective Services actually can’t remove a child from a home at all.
Confused again?
Only a law enforcement agency assigned by the court can remove the child and then that law enforcement agency will, as directed by the court, hand the child over to the social services agency that CPS is.
It’s important to note the following:
1) CPS cannot remove a child from a home. They can only recommend to the court that a child be removed. The court will then, based on evidence, make a determination about the removal of the child.
2) If the court determines there is enough evidence to remove a child, a law enforcement agency will be assigned to secure custody of the child. A CPS employee can never legally take physical custody of a child to remove them from a home. They can only take custody of a child after a judge has issued an order and a law enforcement officer has enforced that order.
3) A parent is not required to cooperate with a CPS ‘investigation’, and though they may try intimidation and even bringing a law enforcement officer with them, they cannot, without probable cause (and an anonymous phone call to a hotline has been held up in court time and time again to NOT be probable cause enough to enter a home), investigate or enter the home of the child without one of three conditions being met:
a) probable cause (a police officer sees evidence of abuse, witnesses it first hand, and the law enforcement officer enters the property to investigate the crime he witnessed. The child can only be taken into custody at that time if the officer makes an arrest against the perpetrator of such abuse and the child is then taken into custody.
b) a court order has been issued by a judge and a law enforcement officer has been assigned to come into the home, to escort the social worker, and the investigation is overseen by the law enforcement officer.
c) a parent or legal guardian consents to allow the CPS social worker into their home and consents to the investigation.
Unfortunately, through coercion, intimidation, and fear tactics, it’s easy to think a CPS employee has power over you, and it’s easy to think you are required to let that person in your home or to talk with your children.
It’s not. You don’t. No one does.
You might think this cannot happen to you, but you’d be surprised to discover just how many ‘normal’ families are investigated each year, often false allegations set up be a system that allows anonymous reports of child abuse to be made with nothing more than a phone call and a suspicion.
I need to be clear here. Child Protective Services has a very important role to play in the welfare and safety of children. That role is to protect the child, place the child in foster care if necessary, get counseling and medical treatment for the child, and help the courts implement a plan of action for the child’s welfare. However, their job is NOT to investigate a crime, no matter what that crime is. Their job is to assist law enforcement as an advocacy agency for children, when law enforcement deems a crime has been committed. We, the people, are the ones who determine just how much power CPS has over our families and our children by knowing or not knowing our rights, allowing or not allowing CPS to abuse those rights, and by ensuring that when we suspect or report abuse, that we report it to the appropriate law enforcement agency, and not report it to a social services agency.
You see, I am not saying not to report child abuse if you believe it is happening. Our children are precious and it is our job to protect the ones who cannot protect themselves. However, if you saw a man beating up another man, would you call a social worker or the cops?
I highly recommend that if you suspect child abuse, call a law enforcement agency. Contact your police department or sheriff’s department that has legal jurisdiction over your area. Not only is a law enforcement officer more qualified to investigate a potential crime, should there be evidence that the crime of child abuse or neglect has occurred, a law enforcement officer is more likely to properly gather evidence of that crime so that the evidence is admissible in court, and the perpetrators are actually prosecuted.
A social worker that in some states requires nothing more than 60 college credits hours and some in-house training is neither competent nor qualified to investigate a potential crime, and the only things CPS can do in situations like this is terrorize families and cause undue distress to countless innocent families, while true child abusers often go unnoticed and unpunished.
Do your part. Know your rights. Protect the rights of others while protecting our children. Don’t let CPS have power over our families.
The information contained above is my personal opinion, based on my experience as a social worker, in the criminal justice advocacy field and my personal experience with observation of the way CPS handles situations in my local area. The information, while my personal opinion, is based on facts available to anyone who wants to read about how CPS and like agencies are set up and funded in their state. Take the time to read before you act, either on an accusation made against you or when making an accusation against someone else.
Our children are worth it.
