Families are intimidated by the ACS and CPS caseworkers, their threats, the threats to call the police or the police showing up. This explains why in only .2% of all CPS or ACS cases in the United States does CPS and ACS go to court and actually get a court order to gain entry to a family’s home. Various organizations have been fighting for years for legislation which would require the CPS and ACS, caseworkers when they show up in the family’s home in the middle of the night, to give them Miranda types of warnings. Such as the right to remain silent, the right to refuse entry into their homes, the right to speak to a lawyer or have one present during all of the investigation process.
ACS AND CPS FIGHT TO AVOID MIRANDA TYPE OF WARNINGS
ACS and CPS in the state of New York fight this legislation every year when it comes up for votes by the state legislature in Albany. Constitutional rights of Americans are continuously violated by ACS and CPS workers in the state of New York. In the State of New York individuals accused of murder are protected from indiscriminate warrantless searches by the government. They are entitled to their Miranda rights to protect them. Yet, when an ACS or CPS worker shows up at the family’s home in the middle of the night, they are given none of these rights.
THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION IS BEING VILOATED BY ACS AND CPS
The Fourth Amendment to the United States Constitution, reads “the right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated.” Unfortunately, the Fourth Amendment rights have never been specifically applied to CPS and ACS investigations. When ACS and CPS workers that go into someone’s home they don’t tell the homeowners what they’re looking for. If they went to the court to get a warrant, they would have to tell the Judge the purpose of the warrant. They don’t stick to what is called “the plain view” rule which police have to follow inside a home without a warrant.
THE SEARCHES OF PEOPLES HOMES
The CPS and ACS Investigators may open every closet, check every medicine bottle, open the refrigerator, and do what they want. Interviews with former caseworkers have documented they were upset by having to routinely conduct searches of children’s bodies down to their underwear. CPS and ACS workers engage in this practice in nearly every initial home visit. This is without regard as to whether there have been allegations of physical abuse of the children.
Elliot S. Schlissel, Esq. has been representing clients who have been investigated by CPS or ACS for more than 45 years. He can be reached at 800-344-6431 or emailed at elliot@sdnylaw.com.
