The DO’s and DON’T’s WHEN Falsely Accused

The DO’s and DON’T’s WHEN Falsely Accused (Reference: Attorney Gregory Hession's site...MassOutrage) “Courage is not the lack of fear; It is acting in spite of it.” (Mark Twain) Introduction YOU are a foster parent! Things are going along well. Each day brings a new challenge but you take it all within stride. You deal with whatever comes your way and you love your children in spite of the turmoil they cause in your home. Suddenly, someone decides you are doing “too well” or they get mad at you for some unknown reason. They file an allegation, usually anonymously, and DCFS/CPS marches in and takes your children “without” warning. YOU now stand accused…”Falsely accused.” What do you do? You immediately contact your attorney. You don’t have one you say! This is not surprising because you simply never thought anything like this would ever happen to you.. After all, you are honest, hardworking and a very caring, loving person. How CAN this be happening? You are hurt, confused, and angry, at this turn of events. Foster care providers are vulnerable. They are vulnerable to the fallacies of a broken system. They are open to allegations from the children they care for as well as from the biological birth parents that are angry at having been denied custody. These care providers have no recourse when these allegations occur so they need to protect themselves prior to anything happening. But because so many of these foster care providers are trusting and naïve, they simply never think that this could ever happen to them. And IF something does come about, the typical caretaker naively believes that the caseworkers and the system who have been buttering them up over the years will surely stand with them, but when it comes right down to it, this is NOT what happens. Due to this naïve thinking the foster caretakers have taken no steps to protect themselves. When the bureaucratic nightmare strikes, they are devastated. It takes willpower, a strong mindset and an experienced attorney to counter false child abuse allegations. You are now in for the fight of your life. What should you do? (The following information is brought to you courtesy of NASVO…The National Association of State VOCAL Organizations and Jodee Kulp & Judy Howell, authors of “Families At Risk.”) Please remember that these are mainly options that are open to biological parents but many of them can be applied to foster parents and adoptive parents who have been falsely accused as well. DON’T INVITE LAW ENFORCEMENT OR SOCIAL SERVICES INTO YOUR HOME WITHOUT A WARRANT. When you do this it waives your rights under illegal search and seizure in the Constitution of the United States. If you are a foster parent CPS will probably tell you that this only applies to biological parents but you still need to fight this illegal entry into your home. CPS will probably tell you that you have no rights but remember…The Constitution and the Bill of Rights are still in place and YOU ARE still an American citizen. You DO still have rights so insist on them. I learned, too late, that I should have put up more of a fight to keep our foster daughter from being taken in the first place. Insist on the warrant and if they do not have one tell them to go and get one. If nothing else, it will buy you some time to get your thoughts together instead of reacting out of instinct. By not insisting on a warrant in the beginning this will allow the Department of Social Services caseworkers or Law Enforcement officers the right to come into your home at ANY TIME and search and seize your children or belongings. Most people don’t know their rights when something like this happens (I know I didn’t and I was so shaken up by the happenings of the moment I couldn’t think straight). When faced with a crisis such as this, you are visibly shaken and you invariably try “do the right thing.” You cooperate, thinking this is just some mistake and it will soon be over. Nothing could be farther from the truth…This is “just the beginning” of the “nightmare.” DON’T SPEAK TO ANYONE ABOUT YOUR CASE -without first consulting a lawyer. Everything you say “can” and “will” be used against you. If you are arrested and you cannot afford an attorney, one will be appointed to you IF you are a biological parent. But if you are a foster parent you are on your own. However, in most cases such as these mentioned in this book, the case falls under “family law” and is considered a “Civil case” and in this instance you are NOT appointed an attorney. You must retain and pay for your own attorney and this is where your trouble begins. In many instances these foster caretakers that have been “falsely accused are forced to spend thousands of dollars to defend themselves against these false allegations. This in turn often forces them into bankruptcy or financial devastation. Finding a competent attorney to help you fight for your rights is not an easy task…Most attorneys don’t have a clue of what they are up against when they take on “the System” and therefore are not adequately prepared to defend you. However, the fact remains…YOU NEED AN ATTORNEY BEFORE YOU TALK TO ANYONE OR MAKE ANY STATEMENTS IN AN ATTEMPT TO EXPLAIN YOURSELF. DON’T TRY TO CONTACT THE ALLEGED VICTIM, THEIR FAMILY OR ANY OF THE PROSECUTIONS WITNESSES. This is not a good idea because any such contact could be construed as an attempt to bribe or threaten these people into silence or recantation (I found this out the hard way). These people will most likely claim “intimidation” and this will definitely go against you when taken to court. In my case, it ended up costing me my job. Any contact must be made through a private investigator that will be working through or with your attorney. It is only natural to want to confront these individuals but it is not a wise choice. CPS will deny you any and all contact with your foster children that have been taken away. They will tell them all kinds of stories…Things like you don’t care any more, or that you don’t want them any more. By forbidding this personal contact with your foster children, they re-enforce the fact that “they” are the saviors and “you” are the demon. The children don’t know what to think and they naturally believe that IF you won’t talk to them, then they no longer mean anything to you. They will NEVER know just how hard you are fighting to get them returned. DO GO SHOPPING FOR A COMPETENT ATTORNEY. This is of major importance. You must make it your #1 priority to seek out an attorney that is experienced in defending against false allegations of child abuse. To find help in this area you might contact VOCAL or NASVO at 916-863-7470. If your case is considered a criminal one you can be appointed an attorney if you cannot afford one, but if your case is assigned to civil court or family court then YOU must pay for your own attorney. This is where most foster parents find themselves…responsible for their own defense. The system has the availability of attorneys paid for by the state taxpayers (of which you are one). The child is assigned an attorney…”pro bono.” But the foster parent is left to stand alone which often leads to financial devastation, the ruin of an otherwise unblemished reputation and frequently the loss of your job due to the “false allegations.” A possible solution here might be to seek out the services of a Pre Paid Legal service. There is one in particular that services Foster Parents and gives you 24-hour access to attorneys and their advice and services. It’s called Foster Parent Legal Solutions DON’T TURN TO DRUGS OR ALCOHOL. These substances are not a wise direction to follow. They are depressants and most likely will become “habit-forming.” Use of these substances can cause you to jeopardize your case as this can be used against you in court. This is true at any level you might be involved in…no matter what the stature of your case. DO KEEP ACTIVE AND BECOME INFORMED Knowledge is Power and “power” is what you need to win your case. Physical and social activities are a must as the situation you are finding yourself in could bring on a major cycle of depression. Staying active socially and physically is a healthy way to keep depression at a minimum. Start putting your energies into learning as much as you can about what you are being charged with. You most likely will find that most of the allegations that are lodged against you are either totally “false” or simply ridiculous. You will be dumbfounded at the totally ridiculous nature of the allegations “made up” by the social workers or the States attorney in order to “win” their case. Take an active part in your own defense. Search the library for information and other similar cases and pass on any information you find to your attorney. If you have a computer search the Internet for support groups or other legal information that could be used to help your case. There are support groups out there that have made it their purpose to give advice and support in this time of need. YOU ARE NOT ALONE! Thousands of others have gone before you and they are ready to assist in any way they can. A list of some of these groups can be found at the end of this book. DON’T give into depression and defeat. That is what DCFS/CPS counts on and when you fall into this trap you might as well give up as you most likely have lost your case. DO ARRANGE TO HIRE A PRIVATE INVESTIGATOR IF AT ALL POSSIBLE. Some attorneys have their own private investigators but this is not always true. Private Investigators can be costly but they can be your salvation too. The trouble with most of these cases is that the foster parents involved financially cannot afford the cost so this option is frequently ruled out. It is very important to have an Investigator assigned to your case…especially if you are “hit” with serious allegations of abuse or sexual abuse. If your attorney does not have one on staff, call NASVO for references. (Note: This should be as a last resort. Please consult your attorney, before using a Private Investigator. Be very careful, since gathering information on a Prosecutor's Witness, may be considered intimidation) DO KEEP A JOURNAL FOR DOCUMENTATION. This should be a daily documentation of what you do, where you go and people you are in contact with. If you have been smart during the time you had your foster children in your home you have kept this documentation as on-going proof of what was happening in the home with each of these children. But many of the foster parents involved in foster care are naïve and never think about ways to protect themselves. Once the allegations are made you need to provide as much evidence of documentation as you can to your attorney. To do this, go through your old receipts, checks, photos, letters, calendars, notes, cards and holiday experiences to back-date a journal. Try to reconstruct everything you did or said and where you were at the time of the allegation. Give a copy of the journal to your investigator and attorney so they can use it toward evidence to help you. DO A STRIP-SEARCH OF THE CHILD’S ROOM. If the child lived in your home (which most foster children do) you might find some small piece of evidence to help your case. The search can provide proof of your child’s activities and sexual and social habits. Take pictures of things that might benefit your case. Give “copies” of what you find to your attorney and private investigator, but always keep the originals for your own records. Look for notes, letters, diaries, photos, telephone numbers drug or sexual paraphernalia. It may well be, as in my case, that CPS/DCFS will accuse you of “invasion of the child’s privacy” but in the long run you might just find the one item that will prove valuable to your defense. DOCUMENT EVERYTHING. It is very important to document everything that could help your case. If at all possible, tape record or video tape all conversations that would be involved in your case. Also, record any visits you may have with your child. If this is not possible, write down your total recollection of the incident as soon as you can and date it. Include as much detail as you can remember. Send a copy, certified mail where they must sign for it, of your understanding of the event in question to DCFS/CPS workers. Give them a “time limit” to respond and if they don’t respond then document this also. Federal law says that is legal to make tape recordings, so long as one person being taped consents to it. This is NOT true in “all” states so check out what is legal in your own state. California is one state where you must advise the other person (people) that they are being recorded. If they object they have the right to remain silent and you don’t have the right to tape-record the conversation. In this case, use written documentation as your source of recall. START A PAPER TRAIL. Each time you talk to Social Services or Law Enforcement officers or anyone else connected with your case, document what was said and write a letter to that person asking them to confirm or deny the contents of the letter within 10 calendar days. In your letter state that “failure to respond, confirming or denying what you state in the letter, will constitute that they agree with the information contained in the letter as being accurate. Send the letter by certified mail or Return Receipt requested. You can send a fax documenting the same things IF you can provide verification that the fax was sent and received. It is important to have copies of everything you send or document and make copies for your attorney. Ask your attorney (in writing) to send copies of these letters and information to the County Counsel and to the other attorney’s involved in the case. Also, send copies to the judge IF your attorney deems it advisable and appropriate. This might be to your advantage in the long-run. ARM YOURSELF…WITH POWER AND KNOWLEDGE Knowledge is POWER and power is what you need to fight the system when you are falsely accused. Knowing how the system works and what is required of social workers can help you put them on the defensive when you force them to do their job properly. If you are in California, call the State Department of Social Services. The number is (916)657-3661. Request a copy of DIVISION 31, CHILD WELFARE SERVICES PROGRAM Manual of Policies and Procedures. Request to be put on their update list and you will then be eligible to receive updates to the manual. The copy of the Policies manual will be FREE and should arrive in about two weeks. It contains the regulations that CPS is supposed to follow. Each state has a place to go for this information. Check out what is applicable in your state. Once you receive the manual, read it and document all the violations you can identify. Give your attorney a copy. In court, your attorney can basically use this information to put CPS “on trial” and force them to defend their actions. This will take the focus off you. Then, if your attorney puts you on the stand, make certain the information focuses on “your concern for the child”…i.e. your concern for poor grades, regressions, behavior changes, etc.). This will not guarantee you a win in court but it will have the strong possibility of changing the “court’s empathy” into your favor. You can also fax copies of the violations along with a cover letter to the following agencies. This “could” start an internal investigation into your case. Children’s Operation Bureau, Attn: Bill Lamb; Fax- (916) 445-2898 or (916) 445-2836. US Commission of Child & Family Welfare; Attn: Kevin Costigan; Fax- (202) 401-5539 Call the Administration for Children & Families and ask where to send or fax your letter for their attention in this matter. The phone number is (202) 401-9200. LEARN TO TALK THEIR LANGUAGE CPS uses key phrases such as: “indicates,” “seems to think,” “appears,” “could be” and several others to gain an advantage in court. (Note: See our Legal Terminology Chapter) It is recommended that you learn to use their “key” words in your everyday language so it feels natural to you. Then use them to your advantage on the witness stand. When CPS uses these phrases it is not an accident…They are well aware of HOW it looks and sounds to the judge. In most instances the judge doesn’t look at their statements as implications and opinions. Instead, he simply accepts their information as “fact” and that is where you are at a disadvantage. Whatever you do, DON’T LIE but DO use their “key” words to further your cause. This will confuse them as they are not used to the average every day person challenging their authority and their methods. CPS is used to reigning “supreme” when they take on another family. They MUST be able to cover themselves…especially when they have done the unspeakable and fabricated stories to make their case and cover their mistakes. It is important to be better prepared than they are! That is your goal and that will be your saving point. CHECK YOUR COURT RECORDS Check all court documents for mistakes. Quite often just simple little things like names and birth dates are wrong. Sometimes the mistakes are more inconspicuous so you MUST go through the documents slowly and deliberately. The allegations are often incorrect and/or simply distorted versions of a real happening(s). Believe me, that is NO mistake…CPS does that deliberately. Make a list of ALL the mistakes you find and give your attorney a copy. By doing this you can establish a pattern of inefficiency, which might be used in your favor at the hearing or trial. This will substantiate your contention of social worker incompetence, etc. In our case the social workers from both agencies were in major violation of their policies for the entire five years that we had our foster daughter. They consistently made mandates and then never followed up to see that they were carried out, nor did they ever make any effort to assist us in meeting the mandates. When it came down to it, the social workers had made frequent untrue entries into their records in order to cover their slovenly work over the years. They NEVER properly investigated the allegations that they alleged and when they did false information was entered into the records. They then used this “false” information to illegally report me to the State Child Abuse Registry BEFORE any hearing or trial was held. Nothing was ever proven and all allegations were dropped… Yet, my name remains on the Registry and has cost me my teaching job of 39 years. Read through the court documents carefully. Look for opinions that are stated as “facts,” i.e. “The child was not happy, indicating he/she did not wish to return home.” Social workers are well known for making these types of statements because they know exactly how it will sound to the court. Social workers are well-known for inserting “their opinions” as fact and when entered as evidence in court the judge listens unless special attention is called to question it. This is strictly the opinion of the social worker as he/she has absolutely NO idea of how your child acts when he/she is happy, sad, scared, confused, tired or sick. This is especially true IF the social workers never came to your home for their monthly visits and inspections and if the State licensing agents never came for their yearly inspections for re-issuance of the Foster Care License. The opinion didn’t prove anything but a judge may see it as fact: i.e. “The child is happy at the new foster home and does not want to go home.” It is a known fact that the judge will NOT side with you IF this fact is not clarified! List every opinion that is presented as fact and give your attorney a copy. Ask your attorney to clarify them in court. It just might be enough to “tip the scales” in your favor. And, if nothing else, CPS will have some mighty tall explaining to do in court! WHO IS SAYING WHAT? If you are involved with CPS, you have the legal right to look through your case file and to have copies of it. As in our case social services my tell you that you have to petition the court and you must pay for the copies, or you must have your attorney request that information in writing (this is NOT entirely legal for them to do but you may not have many options here). If this happens, get right on it and ask your attorney to request a copy of ALL case notes and any other documentation that CPS has against you. Ask your attorney to give you copies of ALL the information that is obtained so that you can list the errors and omissions in the documentation. By law, CPS is required to list every contact they have had with you, including all phone calls, but they seldom document these contacts unless they can use it against you. This is one step that could well help in your defense. In most instances CPS will do their best to restrict or cut off all contact between you and your foster child(ren). They do this in order to strengthen their case when they attempt to prove that the child is doing “okay” in the new foster situation. Remember…CPS will do anything to win in court. MAKE THEM PUT IT IN WRITING CPS is good at forcing their “will” on people and they will use any trick or lie to enforce their mandates on you. So, any time that DCFS/CPS tries to force you to do something that is not in the plan…i.e. Reunification, Family Maintenance Plan, Foster Care Correction, etc. be strong and tell them to “put it in writing.” An example would be that CPS will tell you that you cannot talk to your child about the past or the future. Tell them to “put it in writing” and they will probably tell you, “I don’t have to put it in writing. I told you what to do.” That is when you stand up to them and state emphatically that you are under no legal obligation to do as they request (or order) unless you have a court order. Make certain that you tell them that you don’t feel these actions will be in your child’s “Best Interests.” Remember…When “false allegations” of any kind occur with foster parents…You have NO rights. And CPS makes it a point to let you know this. There are some attorney’s that will tell you to go along with CPS just to keep the peace. The attorney wants to make things run smoothly and he/she doesn’t want to make the judge mad. To be honest, there is some justification to this way of thinking but you must weigh the facts and decide if it is in YOUR “best interest” to follow this line of thinking. If not, FIGHT! GET FRESH BLOOD. IF POSSIBLE, ENGAGE AN ATTORNEY FROM OUT OF THE AREA. Most attorney’s work within their own county. They must face the same attorney’s and judges day in and day out. They have worked together so long that they know exactly “what” to expect from each other and what kind of response to expect from the court for the different situations that will arise. It is a known fact that Judges “can and do” prevent attorneys from providing their clients with the full benefit of their strategies and expertise, so it is advisable for you to “get some fresh blood” into the courtroom. If at all possible, try to hire an attorney that is NOT from your county, or even better, try to hire an attorney that is from the capital city. WHY? The judge has no idea how your attorney operates or where he is from. He will probably wonder why you did not select a local attorney and most likely dislike being “watched” or “evaluated,” especially if the attorney that you select is from the capital city. As a rule, when an attorney is from out of the area the Judge will allow far more latitude to this new attorney than he would a local one. This is definitely to your advantage. Opposing counsel will not know what to expect either. This has the advantage of shaking them up to the point that they will make some serious mistakes that will make CPS look bad. This has happened before and you can make it happen again. When you bring in an attorney “new” to the area, the child’s attorney doesn’t know which way to go. Therefore, he/she will most likely “straddle the fence” through the whole trial. He/she might even switch sides in support of the defense. This is what you want. After all, the child’s attorney wants to be on the “winning” side, as it looks better for his/her reputation. WHENEVER POSSIBLE, STACK THE DECK IN YOUR FAVOR. Most likely by now there are probably at least two attorneys fighting against your “one” attorney. In most cases, the attorney for the child will side with CPS because they usually think that will be the “winning” side. It is true that the child’s attorney is getting only one side of the story. They do not talk to you. They do not ask you what you think is best for your child and most likely they are not talking much to the child either. You must think…”How can that attorney represent the best interests of this child when he/she only spends an hour or two at the most with the child? It is evident that they can’t. The child’s attorney relies heavily on the information he/she gets from the therapists, who are usually paid for and appointed by the county, and the information supplied by the Social Workers. The whole case is very “one-sided.” You need ALL the help you can get. If you can get two or more attorneys in your corner you will measurably increase your chances of success. Of course, that takes money and most foster parents who find themselves in this position have very little of that to help their case. CPS uses the strategy of “divide and conquer.” You must show a UNITED front in order to defeat their efforts. If at all possible, have TWO separate attorneys that are willing to work together. This is very much to your advantage as most likely one of the attorneys has been on the case since the very beginning and the second attorney comes on board much later. The first attorney knows more about your character, your efforts, etc. When the questioning begins each attorney can use his/her personal expertise to cover what the other one has missed. Do yourself a favor…Double your chances of winning and, IF at all possible, get yourself an additional attorney. DON’T TAKE A PASSIVE PART IN YOUR DEFENSE. BECOME AN ACTIVE “ADVOCATE.” HELP YOUR ATTORNEY. KNOWLEDGE IS POWER! Become an informed advocate. The more you do for your attorney, the better chance he/she has of defending you and the easier it will be to win. When you take an active part in your own defense your chances of winning are very much increased. Don’t just pay your attorney and walk away and expect him/her to do all the work. The more informed you are the fewer surprises you will encounter in the courtroom. Help your attorney defend you. Do your own research, ask questions and most of all… KEEP YOUR ATTORNEY INFORMED. Keep a log of everything that concerns your case…phone calls, research, news articles, etc. Get on the Internet and Search…Search…Search. Join any support groups that you can locate and work with their members to become informed. The support groups are out there and they are there to HELP YOU. Use their resources and past experiences to your advantage. Look for cases that have already been won and make copies of what you find and make certain you give a copy to your attorneys. If you prepare your attorney with information, it will make it easier for him/her to defend you. A major victory for Foster Parents who have been falsely accused came about in April of 2001 in Illinois when Judge Pallmeyer ruled in favor of the foster parents in a “class action” suit. PROVE YOUR CHARACTER: Get “Affidavits of Character” from your friends, co-workers and clergy. Take them to the Clerk’s office and request that they be attached to your file. By doing this it puts this valuable information in the file so the judge can read it. Once in the file, the judge is mandated, BY LAW, to read them. And, once entered into the record, these Affidavits of Character cannot be “thrown out of court.” On the other hand, they do not “have” to be entered into court as “evidence” either. You do not need your attorney to do this. You can do this on your own. This tactic is to your advantage because it allows you co-workers and friends to be able to “testify” for you without being subjected to a cross-examination by the prosecution. Of course, the prosecution can request or require these same people to appear in court, but you have the same right to their witnesses. By using these letters of “Character” it presents a “one-sided” view of you…In YOUR favor! KNOW YOUR CONSTITUTIONAL RIGHTS: Until you face “false allegation” charges, it is a little known fact that FOSTER PARENTS HAVE NO RIGHTS. You must fight for your rights every step of the way. The Bill of Rights, which is part of the United States Constitution, is the law…But when faced with false allegations by CPS foster parents are coerced and bullied into believing they have NO RIGHTS. You must “fight” to preserve your rights every step of the way. It is unfortunate that we, as foster parents, have allowed ourselves to get into this position. We often do NOT know exactly what our rights are. Through our own ignorance, we have allowed the state courts and the “system” to strip us of those rights. In ignorance, we never raised a voice in our own defense…We never protested the steps taken to deny us the rights guaranteed by our Constitution. You might wonder “how” this could happen. Well, it happened one small step at a time…day after day, year after year…until the system is as it is today. CPS has whittled away at our Constitution and Rights piece by piece and changed it to “fit” their agenda and in doing this they have constructed a “reigning set of laws” that will devastate anyone who dares to question their validity. To challenge CPS is to challenge “GOD”…and anyone who dares to take this path is in for the fight of his/her life. We must take a stand and reverse this trend. WE MUST DEMAND OUR RIGHTS! We must challenge the laws of the state…of the court and its rulings…of the county and its policies…that have been made “local law.” It is evident that the system is “broken” and it “no longer works.” It is “our responsibility” to change this broken system and fix it. We CAN challenge and we CAN change it IF we are persistent in following the American dreams and ideals that we grew up believing. We can no longer rely on anyone else to protect our rights. We must become informed and do it ourselves. LEARN THE CONSTITUTION and keep a list of the rights that were violated in your case. Later on, you might be able to use these violations and information for a civil suit, IF you decide to pursue that road. CPS will tell you that you cannot sue them…That they are immune from prosecution. Don’t believe them. Laws are changing and these unethical, corrupt people are coming under close scrutiny. Their “cloak of unaccountability” is slowly being shredded and they ARE now required to face the consequences of their actions. CAN I SUE? Yes! Some states are changing laws so that Social Workers can be sued for violations of Civil Rights. Check your state laws and demand your rights. As of January 1, 1996 in California, social workers now entertain the same immunity as police officers have. Previously, California social workers had total immunity no matter what action they pursued. This is not true any longer. It’s happening all over the country…Civil Law Suits are springing up everywhere…One by one social workers are being called to be held accountable for their unethical and illegal actions. This is happening all over the country. Some are individual suits and some are “Class Action” suits…But the fact remains that social workers can no longer hide their deceit and unaccountability. They are being called to answer up to their destruction of the American family. In order to find out what suits are forming in or near your area you should contact any parent or family rights organizations such as VOCAL, MASA, Injustices in the Court to name a few. And now, you wonder, just WHO can be sued? The answer is…The State, the county, social workers, police officers, and sometimes judges and the federal government. If you are a biological parent you can add foster parents to this list also. I will not be easy to make this suit stick but IF you are persistent and don’t give up your fight could ultimately help the next set of parents…biological, foster or adoptive…to protect themselves. By making this effort now and setting precedent, you are helping others to avoid the same dangers in the future. GOING PUBLIC: There are many directions you can chose to follow when this situation arises. If you chose to go public with your story, do it in a “BIG” way. Make your child “bigger than life.” Have a picture of your child blown up to poster size (There are several copy stores that charge a minimal charge ($5), for a poster sized color enlargement). You can use it when giving speeches or protesting. You can take it to court with you, although sometimes the judge will not allow this, you can at least try. It really draws people’s attention as the people you are talking to are forced to look at your child and decide if what they are hearing is true. Granted, it is only a picture, but now your child is “no longer” a faceless victim of the system. Your child now becomes “real” to the viewers and ceases to be just a statistic. DON’T use your child’s name when protesting or speaking in public. It is true that the Constitution upholds your right to “free speech” but in the courtroom the judge may not see it that way. It is quite possible that the court will issue a “gag order” against you for going public claiming you are endangering your child with your actions and words. You will most likely be advised that for “your child’s protection” these proceedings are confidential. These are all tricks that CPS and the system uses to bring more validity to their side and beat you down. It is conceivable that you could be fined or jailed for refusing to obey these orders. Only YOU can decide if it is worth the risk. WHEN YOU ARE RIGHT…YOU “WRITE”: A great tool to use in these events is to begin a “letter writing” campaign. Write to everyone who you think might be able to help you. Write to your politicians AND to the politicians that represent every member of your extended family (parents, siblings, etc.). Write to the politicians who represent your friends too. When you sit down and begin to make your list you will find that you will come up with quite a list of Assemblymen, Congressmen, State Senators and U.S. Senators around the country. Keep your letter simple, but be concise…Two page maximum is suggested. You might say something like…CPS is trying to force us to lie to get our children back; or CPS is conducting an illegal, unethical investigation which has taken our child and not given us a chance to respond honestly. Include a cover page to the politicians who are out of your area that might state…”I know you do not have the jurisdiction to help me but you represent people in my family that are directly affected by the situation described herein.” Also include a cc. page with the names of ALL the politicians you have sent this letter to…The more the better. You might think that contacting politicians out of your immediate area is a waste of time, but really, it isn’t. This is how laws get changed. Your own politicians may “sweep” your concerns aside but when you send letters to politicians across the country you hold your own politicians accountable and they must face their peers and explain what they are doing about your problem. It puts pressure on them to “do something.” It also keeps you focused on helping yourself. You are doing something positive and it proves to your child how hard you fought for them, whether it did any good or not. CHECKING FOR PHONE TAPS/PHONE TRAPS: If you believe that your phone may tapped, call the phone company’s repair center and ask them to check the line for taps or traps. Tell them about the unusual sounds (humming, clicking, etc.) you may be hearing. The phone company may be willing to run a signal that can detect most devices. If they refuse to run a check for you it could be an indication that your phone is tapped or it may just be company policy. But, still be careful because even if your phone lines are clear, that doesn’t mean it’s safe for you to talk freely. It is still possible for someone to listen in at the phone company rather than through the lines near your home. Be careful of what you say on cellular phones, cordless phones and car phones. Those calls can be monitored using a scanner. In other words, just BE CAREFUL at all times when using the telephone. PARANOID??? THINK AGAIN! Due to the stress you find yourself under at these times, you may think you are losing your mind or that you are becoming Paranoid! Don’t discount this theory, as they “really are” out to get you. Make copies of everything that relates to your case. If you have a friend or relative that lives out of the area or state that CPS is NOT aware of send copies of everything to that person for safekeeping. Do NOT rely on things like safe deposit boxes because CPS can get a court order to or warrant to open the box and take whatever evidence you have against them. Ideally you should have at least three copies of your evidence…one at home, one copy close by and one copy safely hidden out of state. CONTACT YOUR COUNTY GRAND JURY. Many Grand Jury investigations of Child Protective Services are being done. The investigations are confidential and CPS or the public may not even be aware that they are being investigated. It is important to notify the county Grand Jury if CPS is violating your rights or NOT following their own regulations. It might be that the Grand Jury needs to acquire a certain number of complaints before they can act and your letter just could be the one that will make the difference. By contacting the Grand Jury you will be helping yourself as well as those past and future. TEACH YOUR CHILDREN TO “BE A BROKEN RECORD:” This goes for your biological/adopted children as well as your foster children. If this situation that you find yourself in involves your children, you need to teach them that IF they are happy where they are and they do not want to be moved then they have the right to stand up for themselves. They have the right to speak out and tell their side and express their wishes and demand to be listened to. When a government official, whether it be a law officer or a social worker from CPS, wants to question your child, he/she can legally answer their questions with…”According to the Privacy Act of 1974, I don’t have to answer any questions without ‘my parents’ being present.”…or…”I have the right to remain silent until my parents, or foster parents, are present to advise me.” Of course, this takes pre-planning on your part. Parents, be them biological, adoptive or foster, simply never think that anything like this will ever happen to them so they all too often are ill-prepared to face the situation. More often than not they do not prepare their children either. Do yourself a favor and start now to prepare your children for unforeseen circumstances. This will help the children face the authorities with the right answers should false allegations ever become a part of their lives…or your life. Make up a card for your children to carry with them at all times and teach them to read it to anyone who tries to question them without you being present to protect them. This includes your foster children. They have the right to make decisions affecting their life and if they are happy where they are, they have the right to remain where they feel safe and secure. Miranda Awareness I have the right to remain silent until my parents are present with me. I have the right to have an adult of my choosing present while being questioned. I will not accept a representative of your choosing. I have the right not to speak to you without the permission of my parents. I have the right to decide whether to go with you or to remain here until my parents are called and arrive to be with me. ~~

The Constitution and Child Protective Services

The Constitution and Child Protective Services This test is used as a training tool to teach caseworkers about your rights under the law and how to do their job, without violating your rights. Objectives After completing this course, participants will understand: That the Fourth Amendment applies to Child Protective Services investigations. What constitutes a "reasonable expectation of privacy" during a child abuse and/or neglect investigation. How to keep criminal child abusers from avoiding conviction on a "technicality." How to avoid being sued for violations of civil rights. When to contact a supervisor and/or attorney for guidance during a child abuse and/or neglect investigation. Pre-Test: Q1: The Constitution limits what police may do. Does it also apply to CPS workers? Q2: Do parents have a right to refuse to allow CPS workers to enter their homes? Q3: What is required for a warrant or court order to enter a private residence? Q4: Who gets hurt when CPS workers don't understand and follow the law? Initial Scenario Sophie Smart is a child protective services worker ("CPS worker") investigating a case of alleged physical abuse of a ten-year-old boy. An anonymous source reported that his father spanked him with a belt, leaving bruises. School is out for the summer, so Sophie can't interview the child at the local elementary school. She goes to the home and explains that she is there to investigate an allegation of physical abuse. The mother refuses to let her in. What should Sophie do? Say the law requires her to enter the home and interview her child. Say she will get a court order to remove her child from the home unless she cooperates. Ask whether she can see the child just to make sure he is okay. Go to her car and call her supervisor for instructions. Sophie asks the mother for permission to see the child. The mother refuses, saying he fell down and hurt himself and can't get out of bed. What should Sophie do? Say she must see the child right away. Call for backup by law enforcement. Ask whether the mother has taken the child to a doctor. Go to her car and call her supervisor for instructions. The mother says she took the child to the doctor that morning, and offers Sophie his name and phone number. She signs a release so that Sophie can talk to him. When Sophie calls, the doctor says he examined the child that morning for injuries from a skateboard accident. He says the injuries were consistent with the description of the accident. Sophie asks him about suspicious bruises and he says he saw nothing suspicious. He reminds her that he is a mandatory reporter and is required to report anything that might indicate abuse or neglect. What should Sophie do? Start knocking on doors in the neighborhood to ask if anyone has evidence that these parents abuse their children. Ask the mother to bring her son to Sophie's office as soon as he gets better. Make a note that the mother refused to cooperate and close the case as "unable to determine." Call her supervisor for instructions. The mother agrees to come to Sophie's office with her husband and her son. Both parents admit that they believe in spanking and have been known to use a belt, but they cannot recall ever having seen any bruises from a spanking. Sophie talks to the child privately, who says that his father does spank him occasionally but "it's no big deal." Sophie asks him whether he would mind pulling down his pants so she can check for bruises, but he refuses. What should Sophie do? Substantiate a finding of physical abuse because the parents admit to striking the child with an implement. Tell the child she has to check for bruises and make him pull down his pants despite his objections. Close the case as unsubstantiated. Call her supervisor for instructions. How did you do? If you checked "call her supervisor" at every step, Sophie won't get sued—but she won't get promoted anytime soon. If you had Sophie close the case as unsubstantiated after talking to the child, you completed a thorough investigation without violating any civil rights. Congratulations! If you had Sophie close the case as "unable to determine" without inviting the family to your office, you failed to complete a thorough investigation. If you had Sophie do anything else, she might wind up in court! This training manual is designed to keep that from happening. Respecting Parents and Protecting Children Federal law now requires all child protective services workers ("CPS workers") to be trained about the legal rights of parents. [1] The United States Senate explained why it added this section to the Keeping Children and Families Safe Act of 2003: While the committee is strongly committed to the main mission of the child protective services system--to ensure that child safety and the best interests of the child are protected, the committee believes it is important for child protective services personnel to understand and respect fourth amendment limitations on their right to enter a home when investigating an allegation without a court order. [2] One basic freedom is the right to privacy in the home. This particular right is enshrined in the Fourth Amendment to the U.S. Constitution, which is part of the Bill of Rights. This part of the Constitution says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated... [3] Congress wanted to make sure that every CPS worker is "fully aware of the extent and limits of their legal authority and the legal rights of parents" each time they carry out a child abuse or neglect investigation. [4] Reasonable Expectations of Privacy Every American citizen has a right to a reasonable expectation of privacy in his or her home and family life. What counts as a "reasonable" expectation of privacy during a child abuse or neglect investigation? Some social workers have assumed that parents have no meaningful right to privacy under such circumstances, but the courts have disagreed. Courts have ruled that the Fourth Amendment right to a reasonable expectation of privacy means that government workers must have one of three things before they can constitutionally search for evidence of wrongdoing in a private home. They must either have (1) consent, (2) exigent circumstances, or (3) a warrant or other valid court order authorizing entry. Consent — A parent who has a right to privacy in the home can waive that right and invite CPS workers in to conduct an investigation. The vast majority of CPS investigations take place with the consent of the parents. In order to be sure that an investigation is legal, CPS workers should ask the parents for permission to enter their home. Valid consent cannot be obtained through threats or lies. Exigent Circumstances — If the parents won't let the government in, but there's a real emergency, special rules apply. Nobody has a reasonable expectation of privacy in an emergency situation. You don't need a permission to rescue a child from a burning building! This is considered an "exigent circumstance" and is an exception to the normal requirement that government workers need consent or a court order to enter a private home. If the allegations aren't serious, aren't credible, or the children don't appear to be in immediate physical danger, then the circumstances probably aren't "exigent." Exigent circumstances are not just another way to carry out an investigation: for any circumstances that are truly "exigent" are extreme enough to halt the investigation until the safety of the child has been ensured. It is appropriate to take a child into temporary protective custody if that is truly necessary to ensure the child's safety, but temporary "protective" custody should not be used as temporary "investigative" custody. CPS workers take a grave legal risk whenever they take a child into custody solely for the purpose of questioning the child, since that constitutes a "seizure" for purposes of Fourth Amendment law, and any such seizure must be justified at the outset. Court Order — If the parents won't consent but there is no emergency, CPS workers need a court order to enter the home or seize a child. The Fourth Amendment authorizes search warrants, as long as there is "probable cause" to believe that a crime or other violation of the law has occurred or is occurring. Why Respecting Rights Matters There are many reasons CPS workers need to understand the rights of parents. First, of course, the Constitution requires it. That should be enough for any American citizen. But there are three good practical reasons why respecting parental rights improves the child protection system. Winning Cooperation through Respect — It's easy for CPS workers to wind up in court if parents won't let them in their home and refuse to allow them to interview the children. If a government employee forces his or her way into a home without consent or exigent circumstances, they can be sued for civil rights violations. If they don't force their way into the home, they need a court order to get in. Everyone is better off if CPS workers go to court to get the authority they need, rather than acting without constitutional authority and getting sued for it. People fear what they don't understand. Frightened parents often make things worse for their families out of ignorance. It takes some time to help parents understand how the system works and to help them understand their rights, but this small investment of time up front can save a great deal of time in litigation later. By demonstrating a real respect for their rights, CPS workers can improve the chances that they will cooperate. Building Effective Relationships — Even if the parents insist on going to court, the chances of helping the children are better if CPS workers demonstrate their respect for the parents throughout the process. If CPS treats the parents with dignity before, during, and after court proceedings, the family is much more likely to work constructively with CPS when and if the court authorizes intervention. Avoiding Civil Rights Liability — Last, but not least, the chance of losing a civil rights lawsuit drops to zero if CPS workers show that they understand and respect the rights of parents at every step of the investigation process. Case Study: Calabretta v. Floyd Facts On Thursday morning, an anonymous caller alleged that she had once been "awakened by a child screaming 'No Daddy, no' at 1:30 a.m. that morning at the Calabretta home." She said she had also heard one of the children scream 'No, no, no' two days before. Social worker Jill Floyd did not go out to investigate until four days later. Mrs. Calabretta refused to let Jill in, but the children were standing at their mother's side and did not appear abused or neglected. Ten days later, Jill returned to the Calabretta house with a policeman. Mrs. Calabretta did not open the door, and said she felt uncomfortable letting them in without her husband at home. The policeman said if she did not open the door, he would force his way in. Mrs. Calabretta then opened the door and let them in. Was the entry into the home permissible? Analysis A constitutional entry into a private home requires consent, exigent circumstances, or court order. There was no court order in this case, so the only options are consent or exigent circumstances. The federal court that heard this case concluded that a reasonable jury could decide that Mrs. Calabretta did not consent to this entry, even though she opened the door. The police and social workers argued that they were entitled to enter the home under "exigent circumstances" because they were investigating the possibility of harm to a child. Ruling The Ninth Circuit Court of Appeals ruled against the social worker and police officer. "The facts in this case are noteworthy for the absence of emergency. The social worker and her department delayed entry into the home for fourteen days after the report, because they perceived no immediate danger of serious harm to the children." Calabretta v. Floyd, 189 F.3d 808, 813 (9th Cir. 1999) [emphasis supplied]. Case Study: Good v. Dauphin Facts An anonymous caller claimed that seven-year-old Jochebed Good had bruises on her body and that Jochebed said some of the bruises were caused by a fight with her mother. She didn't go to school the next day, so at 10 p.m. that night, Mrs. Good was startled by loud pounding at her door. There she saw a uniformed police officer and a man from Social Services who said, "You must let us see your daughter." Mrs. Good asked to see a warrant or a court order, but the social worker said they did not need a warrant and that they had a report that her daughter had been abused and she must let them enter. Mrs. Good wanted to telephone a lawyer, but it was too late at night. The police officer called the station on her walkie-talkie and informed the duty officer that "they were going in" to the home. At this point, Mrs. Good allowed them in, but said she did so only because she understood that she was being compelled to do so. Was the entry into the home permissible? Analysis A constitutional entry into a private home requires consent, exigent circumstances, or court order. The police and social worker said they did not need a warrant, so the only options are consent or exigent circumstances. The federal court that heard this case concluded that a reasonable jury could decide that Mrs. Good did not consent to this entry, even though she opened the door. The police and social workers argued that they were entitled to enter the home under "exigent circumstances" because they were investigating the possibility of harm to a child. Ruling The Third Circuit Court of Appeals refused to treat this case as an emergency situation. The anonymous report merely said that Jochebed once "had bruises on her body" of unspecified severity. Nothing the officials saw or heard nothing during their conversation with Ms. Good at the door suggested in any way that Jochebed was being mistreated. The court said, "The [exigent circumstances] exception must not be permitted to swallow the rule: in the absence of a showing of true necessity—that is, an imminent and substantial threat to life, health, or property—the constitutionally guaranteed right to privacy must prevail." Good v. Dauphin County Social Services for Children and Youth, 891 F.2d 1087, 1094 (3rd Cir. 1989) [emphasis supplied]. Credible Evidence Federal law requires CPS to investigate every allegation that meets certain specific criteria, but not all allegations are credible. In fact, as any experienced CPS worker knows all too well, some allegations are malicious. The most malicious reports tend to allege horrific abuse which would clearly constitute "exigent circumstances" if true. CPS workers should be careful to look for corroborating evidence before taking steps that can frighten children and violate parents' constitutional rights, possibly leading to civil rights litigation. All three cases examined above involved anonymous reports. Courts treat anonymous tips as significantly less credible than reports from identifiable individuals. Judges will not issue a search warrant for an anonymous tip unless there is significant "corroborating" evidence to support it. When authorities force a warrantless entry solely on the basis of an uncorroborated anonymous tip, however, they take a great risk. While the tip might be accurate, it might just as well be false. Overzealous officials can terrify children, traumatize parents, and wind up being sued for violating civil rights. The risk of error and the resulting harm to family and children are too great to ever justify entering a home on the basis of an uncorroborated anonymous tip. In the Boggess case on the previous page, the Wisconsin Supreme Court looked hard at the credibility of the anonymous call. Before the authorities entered the Boggess home, they had no way to be certain that the report was accurate. Here's what they found when they entered, however: Once inside the home, Hammel went over to L.S. and saw that a pronounced part of his lip was missing and that the wound was inflamed and needed to be cleaned. Without directing the question to anyone in particular, Hammel asked, "What happened? How did he get hurt?" Calvin Boggess responded that he had fallen on L.S. and had hurt him. Later, Boggess stated, without prompting, that he had spanked both children several times. With Janice Boggess present, Hammel examined L.S. more thoroughly in a rear bedroom. She observed that he had bruises on both sides of his legs from the ankles to the thighs, and that his arms were black and blue from the elbows to the wrists and halfway up his back. She also noticed that L.S. had hair missing from the top of his head, and that he walked with a "waddled limp." Hammel then examined K.S. and observed bruises on her body. Calvin Boggess was tried for felony child abuse. He tried to exclude all this evidence from his criminal case because it was obtained without a warrant. If the court had excluded the evidence—and it was a close question—this criminal might have gone free. CPS workers face twin risks every time they enter a home without a warrant. If the parents are innocent, children get frightened, parents get angry, and social workers get sued. If the parents are guilty, however, social workers take the risk of letting a criminal child abuser off on a "technicality." The right answer is to get a warrant or court order before coercing entry into a home on anything less urgent than an emergency. Case Study: Wallis v. Spencer Facts Bill and Becky Wallis were happily married with two children, but Becky's sister Rachel had mental problems. The Wallises cut off all contact with Rachel after she falsely accused Bill of sexually abusing his little girl. The next year, Rachel was hospitalized for suicidal paranoia and multiple personality disorder. In the hospital, she told her therapist about a recently recovered "memory." She said that she and her father were in the woods twenty years earlier, where he wore a cultic robe and hypnotically chanted, "On the third full moon after two blue moons a child will be killed." One of Rachel's "alter egos" then told the therapist that the "child" in the twenty-year-old incantation was her two-year-old nephew Jessie, and that her brother-in-law Bill intended to sacrifice Jessie to Satan at the "Fall Equinox" ritual in a few days. Based on this information, social workers told police officers to "pick up" the children. The police seized both children without consent or court order. Was the seizure of the children permissible? Analysis A constitutional seizure of a child requires consent, exigent circumstances, or court order. The police argued that there were "exigent circumstances" because they were trying to prevent a human sacrifice. Ruling The Ninth Circuit ruled in favor of the parents. "Officials may remove a child from the custody of its parent without prior judicial authorization only if the information they possess at the time of the seizure is such as provides reasonable cause to believe that the child is in imminent danger of serious bodily injury and that the scope of the intrusion is reasonably necessary to avert that specific injury." Wallis v. Spencer, 202 F.3d 1126, 1138 (9th Cir. 2000) [emphasis supplied]. The court ruled that a mental patient's delusions were not a credible basis for a "reasonable" seizure. Case Study: H.R. v. State Dept. of Human Resources Facts Alabama CPS workers received an anonymous report of child abuse or neglect regarding Helene Richards's four children. A second report came in the next day. The evidence she offered the court consisted of the following anonymous allegations: two children being kept shut in a room; a child being sick and not receiving sufficient food; a child choking a cat; a child trying to "hang" himself; the children being kept in the back of a van; and infestations of roaches in the physical home of the children. CPS worker Donna Jones was assigned the case four weeks after the anonymous reports came in. She did not go out to the home for another seven days. When she got there, the mother kept her outside and would not let her interview the children privately. Ms. Jones filed a petition to gain access, based on a statute that authorizes Alabama courts to issue such an order "upon cause shown." Analysis A constitutional entry requires consent, exigent circumstances, or a court order. Judges will not issue a search warrant without "probable cause," which means credible evidence that a crime or other violation of the law has been committed or is being committed. An uncorroborated anonymous tip falls short of the "probable cause" standard. CPS argued that Alabama law only required "cause shown," not "probable cause." Ruling The Alabama Court of Appeals ruled in favor of the mother. The court wrote, '[T]he power of the courts to permit invasions of the privacy protected by our federal and state constitutions, is not to be exercised except upon a showing of reasonable or probable cause to believe that a crime is being or is about to be committed or a valid regulation is being or is about to be violated." H.R. v. State Dept. of Human Resources, 612 So.2d 477, 479 (Ala. Civ. App., 1992) [emphasis supplied]. The court refused to rely on uncorroborated hearsay to invade the privacy of a home. Interviewing Children Most states expressly authorize CPS workers to interview children without a parent's permission. This means CPS workers don't need to get the parent's consent to talk to a child at a public school or other location where the child is temporarily in the custody of some other adult who consents to the interview. It does not empower government workers to forcibly separate the child from his or her parent for the purpose of an interview. That is a "seizure," for constitutional purposes, which requires consent, exigent circumstances, or a court order. Court after court has determined that the test of whether a government action is a "seizure" or not is whether the subject of that action feels free to leave. If a child feels like he can leave the interview at any time, he has not been "seized." If, on the other hand, the child does not feel free to go, the Fourth Amendment applies. Here is how to analyze an interview with a child: If a mature child indicates a willingness to talk to a government worker privately, the child's consent may satisfy the Fourth Amendment. Younger children, however, are too impressionable to give meaningful consent. If a child is not old enough to babysit, the child is probably not old enough to waive his or her constitutional rights. If the parent or other caretaker allows a government worker to interview the child, there may be a "seizure," but it is constitutional because consent was given. If there is evidence that the child is in immediate danger, a government worker may seize the child because of exigent circumstances. In all other cases, government workers need authorization from a court before they can separate a child from his or her parents for the purpose of an investigation. Many states have statutes that allow CPS workers to interview a child without the parent's permission. These statutes have been upheld as constitutional for interviews at public schools, but each public school student is in the care of a public school employee who is required by law to consent to these investigations. Cases involving children at private schools have had very different outcomes. Medical Tests The statutes that allow CPS workers to interview a child without parental consent do not automatically empower CPS workers to order x-rays or other medical tests. In the absence of a statute to the contrary, these are medical decisions that fall within the scope of traditional parental rights. [5] A child or a babysitter can choose whether or not to let the child talk to a stranger, but neither a child nor a babysitter can consent to invasive medical procedures. Only a parent, a legislature, or a court can authorize such actions in the absence of a medical emergency. Case Study: Doe v. Heck Facts CPS workers received a letter alleging that a ten year old girl had been bruised by a spanking she received at the Greendale Baptist Church and Academy. CPS worker Carla Heck went to the school to investigate. Despite the objections of the principal, and without parental notice or consent, Ms. Heck removed eleven-year-old John Doe Jr. from his fourth-grade classroom and interviewed him about corporal punishment. Heck relied on Wisconsin statute § 48.981, which said: The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so. The child, parents, and private school sued Heck and others for civil rights violations. Analysis The CPS worker relied on a Wisconsin statute that expressly authorized her to talk to children without permission from the parents. The United States Constitution, however, prohibits unreasonable searches and seizures. May a CPS worker rely on a statute that authorizes search and/or seizure on private property without a warrant, consent, or exigent circumstances? Ruling The Seventh Circuit Court of Appeals struck down the statute but did not hold the CPS worker personally liable for relying on it. "[T]o the extent § 48.981(3)(c)1 authorizes government officials to conduct an investigation of child abuse on private property without a warrant or probable cause, consent, or exigent circumstances, the statute is unconstitutional." Doe v. Heck, 327 F.3d 492, 515 -516 (7th Cir. 2003) [emphasis supplied]. Frequently Asked Questions Q: My investigation protocol requires me to visit the home and interview each child privately. The parents refuse to let me in and won't let me talk with the children. What should I do? A: Make sure you have the latest version of the protocol. Many states used to insist on private interviews with all children in all cases without any concern for the Constitution. If your investigation protocol still requires this, please report it to an attorney for your agency. Q: I thought police and CPS workers operated under different rules. What has changed? A: Police and CPS workers are both government workers, and are therefore both ultimately governed by the Constitution. The "different rules" that apply to police and CPS workers are the result of different court systems. Police routinely testify in criminal courts, which exclude all evidence that has been unconstitutionally obtained. As a result, police are very careful to make sure they comply with the Constitution at all times. CPS workers usually testify in juvenile courts, which allow the use of evidence that has been unconstitutionally obtained. Because the juvenile courts allow this evidence, CPS workers may not know they have violated the Constitution until they are personally sued for civil rights violations. Congress now requires all CPS workers to be trained about parents' rights. Q: Isn't there a "special needs" exception to the Fourth Amendment that allows CPS workers to protect children? A: The United States Supreme Court has identified certain "special needs" situations where traditional Fourth Amendment restrictions do not apply, but the "specials needs" exemption does not apply when the government is investigating allegations of unlawful activity. As the Tenth Circuit recently said, "The Fourth Amendment protects the right of the people to be 'secure in their persons' from government intrusion, whether the threat to privacy arises from a policeman or a Head Start administrator. There is no 'social worker' exception to the Fourth Amendment." Dubbs v. Head Start, Inc., 336 F.3d 1194, 1205 (10th Cir. 2003). Q: Why can Welfare workers enter a home without a warrant but CPS workers cannot? A: The United States Supreme Court has ruled that Welfare workers do not need a warrant to enter a private home. Wyman v. James, 400 U.S. 309 (1971). Subsequent cases have made it clear that this is because the penalty for refusing to allow a Welfare worker into the home is a denial of future Welfare benefits, not removal of a child or criminal prosecution. Q: How can I be sure the circumstances are really "exigent"? A: This is an uncertain area of law, which means CPS workers should generally try to get a court order if there is time to do so. The Second Circuit Court of Appeals has decided that CPS workers in Connecticut, New York, and Vermont must get a court order if there is time to do so. Tenenbaum v. Williams, 193 F.3d 581 (2nd Cir. 1999). The Tenth Circuit, which covers Colorado, Kansas, Oklahoma, Nevada, New Mexico, and Utah, agrees. "Simply put, unless the child is in imminent danger, there is no reason that it is impracticable to obtain a warrant before social workers remove a child from the home." Roska ex rel. Roska v. Peterson, 328 F.3d 1230, 1242 (10th Cir. 2003). The rule is different in Alabama, Florida, and Georgia, because the Eleventh Circuit Court of Appeal has ruled that CPS workers do not need a court order to remove a child if the child really is in immediate danger. Doe v. Kearney, 329 F.3d 1286 (11th Cir. 2003). That rule can be risky, however, as the Ninth Circuit shows. A CPS worker who removed a child from her home without a warrant could be sued for doing so without truly exigent circumstances. Mabe v. San Bernardino County, Dept. of Public Social Services, 237 F.3d 1101 (9th Cir. 2001). Given this disagreement between the circuits, it is just a matter of time before this question winds up before the United States Supreme Court. Q: Doesn't it make a difference that the CPS worker is trying to protect children, not punish parents? A: The Fourth Amendment guarantees the privacy of the home, regardless of the government's motives. The Tenth Circuit Court of Appeals put it well, saying, "[T]he defendant's motive to protect the child ... does not vitiate plaintiffs' [constitutional] rights. That motive, however, may enter the calculus of the damages, if any, that his actions justify." Roska ex rel. Roska v. Peterson, 328 F.3d 1230, 1255 (10th Cir. 2003). Conclusion: The Constitution Is Good For Children CPS workers who are unfamiliar with constitutional law may wonder whether all this emphasis on parental rights is good for children. There are a number of reasons why children are better off when CPS workers demonstrate their respect for family freedoms. Respect puts criminal child abusers in jail. It's one thing to pull a child out of a dangerous situation, but far too many criminal child abusers go on to hurt other children. Remember the Boggess case! An abuser may lose his own children and still move into some other home where children are present. Constitutionally admissible evidence puts abusers in jail. That is good for children. Respect builds trust. Treating parents with dignity makes it easier for them to accept help if it is needed. If CPS workers tell parents, "You must let me in or I will take your children away," they may submit but they will never trust CPS again. If CPS workers say, "You have a real choice in this matter," the parents are much more likely to trust CPS in the future, which means they are more likely to get the help they need to succeed as parents. That is good for children. Respect protects innocent children and families. Too many people have learned how to use anonymous allegations of child abuse as a way to attack innocent families. Some of the most awful allegations of abuse are also the most false—and these false allegations hurt innocent children and families. Weeding out false and malicious allegations is good for children. Respect protects CPS workers. CPS workers who do not know the law tend to break it. There is no excuse for reckless disregard of federally protected civil rights: a zeal for protecting children without proper respect for family freedoms can subject CPS to civil rights suits and substantial damages. The best place for a child is in his or her own home, in the care of fit and loving parents. Most parents believe they are both fit and loving, even if their behavior puts their children at risk. CPS workers can do a better job of protecting children if they follow the Constitution in each investigation of abuse or neglect. Whether the investigation winds up clearing the family of unfounded allegations or helping parents get the services they need, the CPS worker's attitude of respect makes a real difference. The Constitution doesn't keep CPS workers from doing their job. It makes that job possible. Our Constitution is designed to enable the government to punish the guilty and protect the innocent. Nobody deserves punishment more than criminal child abusers, and nobody deserves protection more than innocent children. Pre-Test Answers A1: Yes. See Principle 1. A2: Yes. See Principle 2. A3: Probable Cause. See Principle 3. A4: Everybody but the criminal abuser. See Principle 4. Constitutional Principles Principle 1: The Fourth Amendment protects all people from unreasonable government searches and seizures; regardless of which branch of government is acting. Principle 2: Parents have a right to assert the privacy of their homes, although the courts may override this with a warrant or other court order. Principle 3: No court may issue a warrant or other order authorizing entry into a private home without probable cause to believe that the law has been violated. Principle 4: The law enables us to protect the innocent and punish the guilty. When CPS workers fail to follow the law, criminals evade conviction, innocent families feel hurt and angry, and CPS workers lose the trust they need to help vulnerable children.

Federal Appeals Court Finds CPS Tactic Unconstitutional

Federal Appeals Court Finds CPS Tactic Unconstitutional December 29, 2008 Sacramento, CA — As families gather for the holidays, a recent ruling from the Ninth Circuit Court of Appeals offers hope to hundreds of thousands of parents haunted by the nightmare of unproven child abuse allegations. For years, attorneys with Pacific Justice Institute have warned parents that, once CPS decides to investigate them for child abuse — sometimes based on anonymous tips from neighbors or vindictive ex-spouses — their names can end up on California's Child Abuse Central Index (CACI). Parents are listed on the CACI even when CPS eventually deems the charges "inconclusive" and closes its files. The CACI listing shows up on background checks for years to come and prevents parents from obtaining jobs or state licenses. Central Index Blacklist The Central Index functions as a blacklist of parents. Each state has their own version of the list and once a name is added parents have found it nearly impossible to have their name removed. These lists have been declared unconstitutional in a recently ruling by the Ninth Circuit Court of Appeals. Too many people have been listed -- not on the basis of what they have done to bring harm to children, but simply on the basis of CPS caseworker opinions. Most people listed on the Central Index have never been criminally charged, have never been informed that their name appears on the list, neither have they been convicted of any kind of child abuse or neglect. Yet, having your name appear on the list can and has led to individuals losing jobs, future employment opportunities and can follow them the rest of their lives causing irreparable harm for themselves and their families. The Gates couple who appear in this video said they became foster-adoptive parents so they could help needy children. The Gary & Melissa Gates have spent the past 8-years and $175,000.00 trying to get their names removed from the Central Registry list in Texas. Each state has their own lists but they are shared from state to state, making it nearly impossible to lead a normal life once your name has been added. The Gates have founded a non-profit organization — The Texas Center for Family Rights, after they saw the need for families to be protected from invasive investigations by CPS, which can be started by one malicious phone call. In Humphries v. County of Los Angeles, the Ninth Circuit Court of Appeals sharply criticized the ease with which people are listed on the CACI and the obstacles which prevent their names from being removed. The court was also troubled by a study indicating that as many as half of the more than 800,000 individuals listed on the CACI "may have a legitimate basis for expungement." Calling the list "the reverse of the presumption of innocence in our criminal justice system," the court ordered the state to enact greater procedural safeguards. PJI President Brad Dacus commented, "It is gratifying that the Ninth Circuit has acknowledged what we have been saying for years — that treating parents as criminals when they are never convicted of a crime is unjust. We call on the legislature to finally fix this broken system in a way that honors basic constitutional rights." Karen Milam, who directs PJI's Southern California office, stated, "Every year, PJI is inundated with hundreds of calls from desperate parents who do not understand how they could be labeled as child abusers based solely on unproven suspicions. This ruling is an important step toward keeping CPS honest." About The Pacific Justice Institute Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. Pacific Justice Institute works diligently, without charge, to provide their clients with all the legal support they need. Pacific Justice Institute's strategy is to coordinate and oversee large numbers of concurrent court actions through a network of over 1,000 affiliate attorneys nationwide. And, according to former US Attorney General Edwin Meese, "The Institute fills a critical need for those whose civil liberties are threatened." "Through our dedicated attorneys and supporters, we defend the rights of countless individuals, families and churches... without charge." If you are able to support PJI, please click here to contribute now or visit Pacific Justice Institute. Pacific Justice Institute President Brad Dacus P.O. Box 276600 Sacramento, CA 95827-6600 Phone: (916) 857-6900

Restoration of Civil Rights

Restoration of Civil Rights If you have been convicted on multiple felony charges, you have lost certain civil rights as a citizen. In order to restore those rights, you must apply to the sentencing court to vacate judgment of guilt, dismiss charges and/or restore civil rights in Arizona. Attached is the application that must be completed and signed. If you served prison time, you may file for restoration of civil rights no sooner than two years from the date of your absolute discharge. Your Certificate of Absolute Discharge, issued by the director of the State Department of Corrections, must accompany your application. Please read the following relevant excerpts from the Criminal Code of Arizona Revised Statutes. It will help you determine if this is the correct action for you to take. If you have any additional questions, you must refer them to your probation officer, parole officer or an attorney. This office cannot provide you with any legal advice. A first time offender, convicted on a single felony count, does not need to petition the court for restoration of lost civil rights. The statute is specific and the criteria contained within the cited statute. § 13-912. Restoration of civil rights for first offenders; exception A. Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person both: 1. Completes a term of probation or receives an absolute discharge from imprisonment. 2. Pays any fine or restitution imposed. B. This section does not apply to a person’s right to possess weapons as defined in § 13-3101 unless the person applies to a court pursuant to the procedures of § 13-906. § 13-904. Suspension of civil rights and occupational disabilities A. A conviction for a felony suspends the following civil rights of the person sentenced: 1. The right to vote. 2. The right to hold public office of trust or profit. 3. The right to serve as a juror. 4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public. 5. The right to possess a gun or firearm. E. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions, nor shall persons whose civil rights have been restored be disqualified to engage in any occupation for which a license, permit or certificate is required to be issued by this state solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions or a person who has had his civil rights restored may be denied a license, permit or certificate to engage in an occupation by reason of the prior conviction or a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment of occupation for the license, permit or certificate is sought. § 13-905. Restoration of civil rights; persons completing probation A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by his felony conviction restored by the judge who discharges him at the end of the term of probation B. Upon proper application, a person who has been discharged from probation either prior to or after adoption of this chapter may have any civil rights which were lost or suspended by his felony conviction restored by the superior court judge by whom the person was sentenced or his successors in office from the county in which he was originally convicted. The clerk of such superior court shall have the responsibility for processing the applications upon request of the person involved or his attorney. The superior court shall cause a copy of the application to be served upon the county attorney. C. If the person was convicted of a dangerous offense under §13-604, the person may not file for the restoration of his right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in §13-604 the person may not file for the restoration of his right to possess or carry a gun or firearm for ten years from the date of his discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge from probation. § 13-906. Applications by persons discharged from prison A. Upon proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which were lost or suspended by his conviction restored by the superior court judge by whom the person was sentenced or his successors in office from the county in which he was initially sentenced. B. A person who is subject to the provisions of subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections. The clerk of the superior court that sentenced the applicant shall have the responsibility for processing applications for restoration of civil rights upon request of the person involved, his attorney or a representative of the state department of corrections. The superior court shall cause a copy of the application to be served upon the county attorney. C. If the person was convicted of a dangerous offense under §13-604, the person may not file for the restoration of his right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in §13-604 the per may not file for the restoration of his right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his absolute discharge from imprisonment. § 13-907. Setting aside judgment of convicted person on discharge; making of application; release from disabilities; exceptions A. Except as provided in subsection D of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate’s successor in office to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of discharge. B. The convicted person or, if authorized in writing, the convicted person’s attorney or probation officer may apply to set aside the judgment. C If the judge, justice of the peace or magistrate grants the application, the judge, justice of the peace or magistrate shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by: 1. The department of transportation pursuant to §28-3304, 28-3306, 28-3307 or 28-3308, or 28-3319, except that the conviction may be used as a conviction if such conviction would be admissible had it not been set aside and may be pleaded and proved in any subsequent prosecution of such person by the state or any of its subdivision for any offense or used by the department of transportation in enforcing the provisions of §28-3304, 28-3306, 28- 3307 or 28-3308, or 28-3319 as if the judgment of guilt had not been set aside. 2. The game and fish commission pursuant to section 17-314 or 17-340 D. This section does not apply to a person convicted on a criminal offense: 1. Involving a dangerous offense. 2. For which the person is required or ordered by the court to register pursuant to §13-3821 3. For which there has been a finding of sexual motivation pursuant to §13-118 4. In which the victim in a minor under fifteen years of age. 5. In violation of §28-3473, any local ordinance relating to stopping, standing or operation of a vehicle or title 28, chapter 3, except a violation of §28-693 or any local ordinance relating to the same subject matter as §28-693. § 13-908. Restoration of civil rights in the discretion of the superior court judge Except as provided in section 13-912, the restoration of civil rights and the dismissal of the acquisition or information under the provisions of this chapter shall be in the discretion of the superior court judge by whom the person was sentenced or his successor in office. § 13-909. Restoration of civil rights; persons completing probation for federal offense A. A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost of suspended by his felony conviction in a United States district restored by the presiding judge of the superior court in the county in which he now resides, upon filing of an affidavit of discharge from the judge who discharged him at the end of the term of probation. B. Upon proper application, a person who has been discharged from probation either prior to or after adoption of this chapter may have any civil rights which were lost or suspended by his felony conviction be restored by an application filed with the clerk of the superior court the county in which he now resides. The clerk of the superior court shall process the application upon request of the person involved or his attorney. C. If the person was convicted of an offense which would be a dangerous offense under §13-604, the person may not file for the restoration of his right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in §13-604 the person may not file for the restoration of his right to possess or carry a gun or firearm for ten years from the date of his discharge from probation. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his discharge from probation. § 13-910. Applications by persons discharged from federal prison A. Upon proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment in a federal prison may have any civil rights which were lost or suspended by his conviction restored by the presiding judge of the superior court in the county in which he now resides. B. A person who is subject to the provisions of subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the federal bureau of prisons, unless it is shown to be impossible to obtain such certificate. Such application shall be filed with the clerk of the superior court in the county in which the person now resides, and such clerk shall be responsible for processing applications for restoration of civil rights upon request of the person involved or his attorney. C. If the person was convicted of an offense which would be a dangerous offense under §13-604, the person may not file for the restoration of his right to possess or carry a gun or firearm. If the person was convicted of an offense which would be a serious offense as defined in §13-604 the person may not file for the restoration of his right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of his right to possess or carry a gun or firearm for two years from the date of his absolute discharge from imprisonment. COC Revised 9/11 Now that you have determined the appropriateness of filing for restoration of your civil rights, please consider these points prior to filling out paperwork: • Questions concerning conviction in justice or city courts must be asked directly to the court where the conviction occurred. Superior Court does accept restoration paperwork for federal court cases. Please remember, though, that this court can only grant restoration of your civil right within the state of Arizona. We have no jurisdiction within other states. If you want or need your civil rights restored in other states as well, you must petition each state separately. • If you were convicted of multiple offenses, the court must act on each separately. ► If you had more than one case number, you must prepare and file a separate form for each case involved. ► For each case number or count listed, you must show if it was a felony or misdemeanor. • If any attorney is representing you, you must submit authorization in writing, allowing the attorney to act on your behalf. Include attorney address on application. • Requests to possess firearms require the submission of a “Motion to Restore Right to Possess or Own Firearms.” If you are requesting gun rights to be restored, please complete the entire top section of the application. Sufficient room is provided to state what you want and why you want it. Sign and date bottom of motion and include this with the application. • Submit the completed application, with all attachments to the Clerk of the Superior Court, 110 W. Congress St., Tucson, Arizona 85701. • A number of restorations are granted by the assigned judge outside the courtroom. If this is your situation, you will receive a copy of a Minute Entry from the Court indicating that your Civil Rights have been restored. Otherwise you will be notified of a court date, approximately 45 days from the date of submission, when your case will come before the judge. If the Court grants your request(s), you will receive a signed copy of the Order Vacating Judgment of Guilt, Dismissing Charges and Restoring Civil Rights at the address listed on the application form. If the judge takes the matter under advisement, to verify that all aspects of the sentencing were fulfilled, all fines and fees paid in full or anything else that might be presented by the County Attorney or Federal Prosecutor, another 60 days may elapse before this matter is resolved. Good Luck! THE HONORABLE DIVISION IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA STATE OF ARIZONA ) Plaintiff ) Case No. ) VS. ) Application for restoration of civil Rights, withdrawal of guilty plea, or vacation of conviction ) ) Defendant ) ) ) I apply for the following relief from the conviction of Rendered in the Court on , 19 , having received an absolute discharge from a sentence of imprisonment or completed a period of probation Restoration of Civil Rights Vacation of Conviction and dismissal of the Information or Indictment Withdrawal of Plea of Guilty Attached is a copy of my judgment and conviction. Attached is my Certificate of Absolute Discharge from the director of the Department of Corrections (applicable to petitioners who have been imprisoned in the state prison. Attached is my Certificate of Absolute Discharge from the director of the Federal Bureau of Prisons (applicable to petitioners who have been imprisoned in federal prison. Attached is my affidavit of Discharge from the judge who discharged me at the end of my term of federal probation. Petitioner’s Typed Name Petitioner’s Signature Distribution: Division ______ Pima County Attorney Adult Probation Defendant/Attorney Address IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA STATE OF ARIZONA ) Plaintiff ) Case No. ) VS. ) APPLICATION TO RESTORE CIVIL RIGHTS TO CARRY A FIREARM ) Defendant ) ) ) DEFENDANT states: 1. On the day of , , a Judgment of Guilt was entered against the defe

Parental Rights in Case Law

Protect your children — Know your rights! If a government agency has involved itself into your family, you are not alone. Many families have been under attack in recent years. It is imperative that you know what rights you have under the protection of the law. Be sure to share these cases with your attorney. Kids For Money Valuable Information You Need to Fight CPS and Win! Warning! The Truth About Child Protective Services by author Don Lyons Visit Kids For Money! Parenting rights are God given. They are also protected by the First, Fifth, and Fourteenth Amendments to the Constitution. In Troxel v. Granville, 99-138 [U.S. 06/05/2000 U.S. Supreme Court, November 1999], the Supreme Court ruled, [49] The Fourteenth Amendment provides that no State shall "deprive any person of life, liberty, or property, without due process of law." We have long recognized that the Amendment's Due Process Clause, like its Fifth Amendment counterpart, "guarantees more than fair process." Washington v. Glucksberg, 521 U. S. 702, 719 (1997). The Clause also includes a substantive component that "provides heightened protection against government interference with certain fundamental rights and liberty interests." Id., at 720; see also Reno v. Flores, 507 U. S. 292, 301-302 (1993). [50] The liberty interest at issue in this case -- the interest of parents in the care, custody, and control of their children -- is perhaps the oldest of the fundamental liberty interests recognized by this Court. More than 75 years ago, in Meyer v. Nebraska, 262 U. S. 390, 399, 401 (1923), we held that the "liberty" protected by the Due Process Clause includes the right of parents to "establish a home and bring up children" and "to control the education of their own." Two years later, in Pierce v. Society of Sisters, 268 U. S. 510, 534-535 (1925), we again held that the "liberty of parents and guardians" includes the right "to direct the upbringing and education of children under their control." Additional Information Parental Rights and the Law Case Law for Families What Happened? Law for Kids Delaware Cases Gatekeeping Authorities Parental Rights (UK) Parental Rights (HSLDA) Termination of Parental Rights We explained in Pierce that "[t]he child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations." Id., at 535. We returned to the subject in Prince v. Massachusetts, 321 U. S. 158 (1944), and again confirmed that there is a constitutional dimension to the right of parents to direct the upbringing of their children. "It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder." Id., at 166. ...There is a presumption that fit parents act in their children's best interests, Parham v. J. R., 442 U. S. 584, 602; there is normally no reason for the State to inject itself into the private realm of the family to further question fit parents' ability to make the best decisions regarding their children, see, e.g., Reno v. Flores, 507 U. S. 292, 304. ...This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition"); Quilloin v. Walcott, 434 U. S. 246, 255 (1978) ("We have recognized on numerous occasions that the relationship between parent and child is constitutionally protected"); Parham v. J. R., 442 U. S. 584, 602 (1979) ("Our jurisprudence historically has reflected Western civilization concepts of the family as a unit with broad parental authority over minor children. Our cases have consistently followed that course"); Santosky v. Kramer, 455 U. S. 745, 753 (1982) (discussing "[t]he fundamental liberty interest of natural parents in the care, custody, and management of their child"); Glucksberg, supra, at 720 ("In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the 'liberty' specially protected by the Due Process Clause includes the righ[t] ... to direct the education and upbringing of one's children" (citing Meyer and Pierce). In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.