| Many states have made it a requirement to promptly | | | | privacy of the families and children who are brought |
| investigate any and all reports of child abuse or | | | | to their attention. These laws also protect the |
| neglect. The states have set up hotlines where | | | | agencies in charge of Child Protection from lawsuits |
| neighbors can call to make anonymous reports. This | | | | for violating constitutional rights. Children who are |
| results in thousands of reports every year. However, | | | | interviewed by workers are easily manipulated to |
| most reports of child abuse and neglect are found to | | | | give the answers that the worker will be seeking. |
| be unsubstantiated. Therefore thousands of innocent | | | | The parent does have the right to have a lawyer |
| parents are put through a Child Protective | | | | present during the questioning of the child but the |
| investigation without just cause under the social belief | | | | worker will want to speak with the child alone, |
| that "Protecting the child is more important then | | | | claiming that they are trained to do so. |
| protecting the integrity and privacy and Constitutional | | | | The one thing that a Child Protective worker will not |
| Rights of the family." | | | | do is honestly explain your legal rights in this situation. |
| When a Social Worker shows up at the door, the | | | | They come to your door with an agenda and |
| parent is usually coerced into giving up their | | | | protecting the rights or integrity of the family is not |
| constitutional rights, especially in regards to the 4th | | | | one of them. What most parents don't understand is |
| and 14th amendments. The worker will talk their way | | | | that the same rights apply in a child protective |
| into the home and begin snooping around, looking for | | | | investigation as in any criminal investigation. And it is |
| and making note of any imperfection in the condition | | | | the responsibility of the parent to protect their own |
| of the family or the home. Often times they will | | | | rights. In other words, they need a parent's |
| show up at the child's daycare or school, the parent | | | | permission to enter the home or speak with the child. |
| will then get a phone call from a social worker asking | | | | If permission is not granted, then they must obtain a |
| for permission to speak with the child regarding a | | | | court order. In order to be granted a court order |
| report that they received. If the parent refuses, the | | | | there must be probable cause. An anonymous report |
| worker is trained in ways to handle such rejections. | | | | is not enough to be considered probable cause, |
| Often they will say, "If you cooperate, it will look | | | | however a report from a mandated reporter such as |
| better for you in court... If it goes that far." | | | | a professional service provider is. The reason is that |
| However, if there is no reason for it to go that far | | | | a mandated reporter can be brought into court as a |
| then it could be in the best interest of the family or | | | | witness. An anonymous report typically can't be |
| the child to refuse to submit to the investigation. | | | | followed up on. |
| When a parent submits to an investigation, they are | | | | A child protective worker will also not read you your |
| then put through the ringer. They will be asked to | | | | Miranda Rights. In fact many parents both willingly |
| sign releases of information so that the social worker | | | | and unknowingly give up these rights. This is done in |
| may speak with the child's teachers, doctors or any | | | | an effort to appear cooperative. However anything |
| other professional service provider. These service | | | | you say can and will be used against you in a court |
| providers will then be asked probing questions. They | | | | of law. I asked a friend of mine, who is an attorney; |
| put the parents through a line of questioning and may | | | | "If you could give one great piece of advice to any |
| even request that the parents submit to a drug | | | | parent when a Child Protective Worker shows up at |
| screening. What's your home life like? How do you | | | | the door, what would it be." |
| discipline your children? They will open refrigerators | | | | She replied, "Keep your mouth shut." She then went |
| and closed doors. They will look in closets. | | | | on to say that most children who are removed and |
| All of this is done with the parents consent. | | | | put into the foster care system or most cases that |
| It is also a fact that corruption in the system runs | | | | are opened are due to what was said during the initial |
| deep and could easily be proved if not for the | | | | interview, not what was said in an anonymous report. |
| confidentiality laws which are in place to protect the | | | | |