Title Vii Rights With Cps In Wake
Description
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FAQ
A: In California, individuals have the right to bring lawsuits against government agencies, including Child Protective Services (CPS). If you believe CPS has acted wrongfully towards you or your child, you may consider filing a claim for violations of your civil rights or for emotional distress.
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.
You can refuse to speak to CPS or to let them into your home, but that does not mean the case will end. CPS may decide to start a case against you in court if you don't talk to them. They may also contact other people in your and your children's lives for more information.
Although it is virtually undisputed that children have some Fourth Amendment rights independent of their parents, it is equally clear that youth generally receive less constitutional protection than adults.
The short answer is no. CPS cases and Juvenile dependency cases are not open to the public in California. This is because of the confidential nature of the proceedings.
The law states that CPS will inform the reporter “what action, if any, was taken to protect the health and welfare of the child.” This includes advising the reporter if the report was screened out.
Both Texas and California are switching to a system of “confidential reporting” which requires CPS screeners to ask all callers for information such as their name and phone number. These agencies, in turn, will keep the callers' identity confidential.
The reporting individual's identity will be confidential unless they choose to tell you. However, there are steps you can take to help your CPS caseworker close your case fast. The bottom line is to cooperate with CPS and show that you have nothing to hide.
