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CPS Investigation Tactics Found To Violate Civil Rights – Ruling from 9th Circuit

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This is a new published 9th Circuit civil rights case from Oregon holding common CPS investigation tactics to be unconstitutional under either the 4th or 14th Amendment despite evidence that the child they sought to protect was at risk including that the father had an open criminal case for molesting a child outside the family, CPS claimed one of his children accused him of similar conduct with her in the school interview and neighbors provided some evidence that the mother knew about it. The case cites similar rulings from other circuits. Objected to practices include:

1. Long investigation interview with child at school, especially if a police officer is present, without a warrant, probable cause, exigent circumstances, or parental consent. The opinion did not turn on the facts of this case, which was the presence of an armed police officer in the room during the CPS interview. The decision was made based on the state child welfare laws. This was held to be a 4th Amendment seizure violation, despite a state statute authorizing CPS interviews at school.

2. Social worker lying to get an emergency removal order. The claimed lie was about the mother's willingness to find another place for husband to live. This was a 4th Amendment (unlawful seizure) and 14th Amendments violation (due process).

3. CPS keeping a parent away from the child undergoing a sexual assault examination, without parental consent, a legitimate reason to exclude her, or a medical emergency. The courts say the parents have a constitutional right to be present for medical examinations of the child even after removal, including inspections of the child's body by a social worker. At minimum the parent must be at the facility with access to child immediately after exam. This was a violation of substantive due process rights of the mother and child under 14th Amendment, despite a court order for the exam.

 

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