CPS is not considered law enforcement in any state that I am aware of. They are usually part of social services and work under a totally different system, rules, and procedures from LEO. If they were LEO then they could not legally do some of what they do. That distinction is the cause of some of the confusion about why they can do things regarding children that LEOs cannot do because of constitutional rights, rules of evidence, due process, etc. CPS works with LEO when they need to and directly with the court. They have certain powers- of course they can take your children but they also have investigative duties; but they are not considered LEO, and cannot make arrests and things of that type. Anything they encounter of a criminal nature- that part of the case has to be turned over to LEOs to investigate, etc.
The real reason CPS has so much power is because judges will nearly always back them up in whatever they want to do. The reason judges usually do this is the very real fear that if a judge doesn't back up CPS and then something bad happens to the child- guess who gets the blame? The judge. No judge wants to be in that position so in reality judges will do whatever CPS wants in almost every case. This is good in that CPS has real teeth and can remove children from a bad situation ASAP. It can also be bad because it really opens the door for abuse when you give anyone that much power.
Even if a judge thinks CPS might be wrong- the judge will usually not want their a$$ on the line so will back CPS and wait for lawyers to later bring up problems and then rule on each issue. I consider them a neccessary evil. We need them to have the power they do in order to be able to protect the children that need it. That said, because they have so much power and do not have to follow what we think of as rights, etc- then I think we should keep an eye on them, and I think we should question what they do, and how they do it.
It is a thankless job, and they are in many darned if you do/darned if you don't situations- but I do think we need to hold them accountable if and when we think they have overstepped. I don't know if they overstepped in this case- don't have enough facts and don't trust the media to be honest. I do know, as many lawyers as this case has attracted- CPS actions will be examined under a microscope over this before it is through- and likely in several cases in several courts. I am not going to worry so much about whether or not they were out of line because of the scrutiny they will get. I would worry much more about CPS being held accountable if this was- say my neighbor, since individual cases of neglect/abuse almost never get this kind of attention-so won't have the level of oversight this case will have.
Excellent comments re: the difference between CPS/LE. What puzzles me is how much of a surprise this is for folks. Don’t they ever watch Law & Order SVU re-runs? :) I’ve seen it happen there plenty! An unsafe and/or criminal situation is discovered; children are seen in the environment; CPS is called in to remove/protect the children. Then Stabler, Olivia, Munch, and Tutuola find the “perps.” The “perps” are rarely arrested before the children are taken away. (okay, I admit to watching too many late night reruns...) But....how many times have I seen a real case where a child is found having been seriously abused, and when hearing that CPS had previously investigated the situation and left the children in the environment, cry out about the inept government workers? The big difference here is in the numbers of children involved, which is mind-boggling. But then so is the abuse and rape of children.
Since this FLDS case I've learned what to do if they come . Usually they go to your child's school or your neighbors to inquire about what is going on before you are aware they are involved . When they do come you can pretend you aren't home but they will sometimes sit outside your house for a long time. If you open the door to them you can say I prefer a lawyer present but they are there to check out the house & you so it is sort of pointless as they will do their job even if you object. My neighbor told me to get a notebook or a tape recorder & write (or tape) the whole interview. They don't like that too much but it is your right. Usually they want to check your house to see how clean it is. Look into your child's room & dresser drawers to see clean clothing. They will make sure your fridge has food in it & all your utilities are working. They will ask you to submit to a drug/alcohol test or give you a certain amount of hours to get one if they feel the need. If you have a baby they will check it for diaper rash or bruises etc. If you have too many animals they can tell you by a certain date to get rid of them or call the animal control officer to come out. They have a list & if you fail it they will give you a short time to make your house clean etc unless its dangerous. Their goal is supposed to keep the family together & work on getting them the help they need to stay together. Most people do not trust them. But I have known a family where they did help them when the mother had mental problems & DYFS tried hard to help them. They did end up taking 2 of the sons to a group home & I ended up with the oldest son. DYFS once involved will stop by at anytime they want for spot checks.
LEO can & will call DYFS out if they respond to a call & see a child is neglected or a filthy house or if you are too impaired to care for the child. In those cases my neighbor that is the DYFS worker says its more then likely the child gets removed from the house. She is on call so many days per month 24/7. If foster care can't be found that night she will keep the child in her office until placement can be found. There might be some things I am leaving out but that is more or less how it works in my state. Also many of the calls my neighbor is sent to are calls made by fighting friends or ex husband & wives. They have to go out on each & every call that comes into their office. Even if they think its a crank call they can't take a chance that a child is in danger.
As in LE I meant that they are doing what our laws legally allow. They aren’t the police but they can call the police in if they need them. Good post.
They are part of the state government, and they must follow the state constitution just like any other governmental entity. The State, and federal constitutional protections both speak of “seizing” “persons”, and neither mentions crimes, law enforcement, or “peace officers”. Are not children persons? Of course they are, thus the CPS must follow the same rules as LEOs, which I agree they are not, when it comes to serving warrants or making seizures sans warrants.