INTRODUCTION
There are many cases where children are removed from perceived dangerous homes / familes only to end up in a foster home which is many times worse. Not only that, there are many cases where the child(ren) removed by the CPS end up dying while in the care of their foster parents.
However these kidnappings are occurring more and more frequently and it seems like there needs to be a complete overhaul of their protocols in order come up with a better strategy as to how to effectively remove children who genuinely are in danger, with minimal hostility and trauma to all parties involved.
The parents of the children Sebastian Xoss and Mirtha Lopez. It is frustrating to see the action of Los Angeles County officials when their 2 children are taken from parents without a warrant. It is unfortunate the situation that affects the parents, since they are taken from their home by a deputy sheriff and social workers, creating false testimonies about the parents, where they said that they had created a harmful and dangerous domestic environment for the children.
Providing nutritious food and immunizations (they were not vaccinated), everything was a lie and also the officers accused Xoss of having untreated mental health problems that made him a threat to children.
Parents whose children are taken by social workers can fight the government and win. Los Angeles County agreed to pay a couple whose children were confiscated without an $ 800,000 court order to settle a civil rights suit.
Among the accusations against the family: Their children were not vaccinated.
"This lawsuit alleges that the Department of Children and Family Services (DCFS) violated the plaintiffs' civil rights for unjustly arresting the children of the plaintiffs," said a letter from Los Angeles County Assistant Attorney Patrick A. Wu to the Board of Supervisors of Los Angeles County.
THIS IS THE TRAGEDY THAT THESE PARENTS LIVED:
The controversy began when a deputy sheriff and social workers entered a hotel where the couple was staying and took their six-year-old daughter and her eight-year-old son on February 10, 2011, indicates a report from the Claims Board of the County of Los Angeles. . Xoss, Lopez and his attorney, Robert R. Powell, allege that the deputy and DCFS were acting illegally because they did not have a court order or a court order.
The plaintiffs Sebastian Xoss and Mirtha Lopez alleged that a detention without a warrant occurred in the absence of exigent circumstances, consent or a legally obtained court order, "say the county documents and accused the county of removal" without foundation, unreasonable and illegal "of their 6-year-old daughter and their 8-year-old son from the hotel where they were staying on February 10, 2011. They had gone to the hotel in part to escape the alleged abuse of the daughter by a relative of Lopez, according to the demand.
The children were separated from their parents for four months.
Social workers from the Department of Children and Family Services said the parents "created a harmful and dangerous domestic environment" for the children by not providing nutritious food and immunizations, the lawsuit says. They also accused Xoss of having untreated mental health problems that were a danger to children.
A delegate from the Office of Special Victims of the Sheriff's Department and social workers was responding to a report of abuse, according to a summary of the case prepared by the county attorney. It is not clear who presented the report.
But the parents said the accusations were fabricated and that they were raising their children "in an impeccable, loving, emotional, academic and financial nuclear family."
In their lawsuit, the parents accused the assistant and social worker of entering their hotel without a search warrant or "compelling circumstances" that showed the children were in danger. The lawsuit describes the deputy who makes fun of the parents for not immunizing their children based on religious beliefs and educating them at home. He accuses him of forcing parents to register his hotel room.
THEY WERE TAKEN TO CHILDREN FOR NOT BEING VACCINATED:
The children were taken from a hotel room, where the parents took them to escape the alleged abuse of a daughter by a relative, reported the Southern California Public Radio (SCPR). The deputy and social workers arrived at the hotel and took over the children because officials believed they were in danger. The parents say they were raising the children "in an intact nuclear family, loving, emotional, academic and financial."
During the conversation, the deputy allegedly mocked parents for homeschooling their children and mocked their religious beliefs and their refusal to vaccinate children, according to the complaint cited by SCPR.
"You could lose your children forever," he said supposedly.
Authorities said they eliminated the children because the parents refused to immunize them or provide nutritious food, according to the lawsuit. The officers also accused Xoss of having untreated mental health problems that made him a threat to children.
After a four-month investigation, DCFS returned the children to the parents.
To meet the demand, the supervisors took $ 780,000 from the DCFS budget and $ 20,000 from the sheriff's budget, according to county documents.
THE COUNTY ADMITS THAT JUDICIAL ORDER IS NEEDED
The sheriff's department agreed that his agent violated the law by confiscating the children without a warrant. He also admitted that his delegates were not sufficiently informed about the law.
The Bureau of Risk Management of the Department will send deputies a "Newsletter of support services in field operations designed to educate members about the need to obtain a court order where there is not a sufficient requirement for an action to apply the law without a court order ".
Courts across the country have ruled that it is a violation of the Fourth Amendment to the Constitution for social workers or law enforcement to enter a home to control children without an order or parental permission.
"The Fourth Amendment achieves a carefully crafted balance between the right of the family to privacy and the government's need to enforce the law," said James Mason, lead attorney for the Primary Defense Legal Defense Association, on another case last year. "In most situations, government agents can not simply force their way into a home, but they must explain to a neutral magistrate why they need to enter the home, and they must provide real evidence to support that need. it applies to all government agents. "Court after court agreed that there is no social service exception to the Fourth Amendment."
STORIES:
In their lawsuit, the parents accused the assistant and social worker of entering their hotel without a search warrant or "compelling circumstances" that showed the children were in danger. The lawsuit describes the deputy who makes fun of the parents for not immunizing their children based on religious beliefs and educating them at home. He accuses him of forcing parents to register his hotel room.
"You could lose your children forever," he allegedly threatened.
"We do not comment on litigious issues," said Neil Zanville, spokesman for the Department of Children and Family Services. A spokesman for the Sheriff's Department did not return calls for comment.
"No undue employee behavior was suspected and no systemic problems were identified," said the county attorney's case summary. At the same time, he said the Sheriff's Department intends to issue a newsletter "designed to educate members about the need to obtain a court order where there is an insufficient requirement for an action without a warrant."
When asked about the size of the agreement, the county's top counsel, Patrick Wu, said the county anticipated large attorneys' fees if it lost the lawsuit. "If you have a civil rights problem, according to federal law, you can apply for attorneys' fees," he said.
The payment comes amid increased scrutiny of how the county handles children who are in danger of being abused by their parents. A commission of the blue ribbon was formed after the death of Gabriel Fernandez in Palmdale. The 8-year-old boy allegedly died at the hands of his mother and boyfriend. Family members have accused government workers of not doing enough to protect the child.
The commission has made a series of recommendations, including the creation of a child protection czar. The Board of Supervisors still has to hire one, almost a year after the recommendation.
COMMENTS
So the citizens of Los Angeles County are trapped in almost a million dollars because some overzealous employees took the color of the law into their own hands, taking children away from caring and affectionate parents and placing them in an environment where the abuse It is rampant.
Now these cretins can continue to operate as before, without personal responsibility.
What happens if we make a new law, where the "officials" who take measures that expose the taxpayers to great responsibilities, have to pay the taxpayers for the results of their actions?
Something like this could, I could just, make you think twice before taking illegal actions.
SOURCE OF INFORMATION
Thank you in advance for your valuable time and read this publication. I hope you have been satisfied, soon I will make other publications of other topics of interest. Do not forget to leave a comment, criticism or constructive contributions to this topic and if you liked give me upvoto favorable. Greetings Steemists. Thanks for your attention.