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Did Child protective services violate my 4th and 14th amendment rights?
Anonymous2 views3 answers
CPS received a call about my wife using drugs and driving my children around under the influence, and that I was allowing this. CPS showed up on my doorstep after speaking with my kids at school, and advised my children could not stay in my home because of the aforementioned allegations. I was not friendly and advises CPS that unless they had a court order or imminent danger, they under constitution couldn't take my kids. I offered for Social services and Police after initially denying entry that they could check my home to see for themselves that there was no imminent danger, but they refused, and instead seized my 3 children off the bus, and my small toddler from my home, without a court order. I eventually did get my kids back at an adjudication hearing.
Harry Brett SiegelDivorce / Separation LawyerEllicott City, MD ·
I know how horrible this sounds, but CPS does have that emergency power, which left you with your legal right of recourse, which you properly and successfully exercised.
I am pleased you were successful at the hearing, but you do well to remember that CPS is not the enemy. Someone made allegations to CPS about you, and that person is the real enemy. Or maybe not, depending on the circumstances. CPS can be your enemy today, and the children's savior tomorrow if the other parent does something bad to the children and you are forced to give information about that parent. If you try to pick a fight with CPS, you are probably doing yourself a disservice. Get to the bottom of what happened, if possible, and contact an attorney for a consultation so you don't make a bad situation worse.
