By What Authority Do You Do These Things

By What Authority Do You Do These Things?
By Leonard Henderson
March 19, 2009

I am curious- What authority do the CPS agencies tell the caseworkers they have?

They certainly walk around acting like they think they are LAW ENFORCEMENT.

Under WHAT AUTHORITY do they operate?

Child Protective Services: A Guide for Caseworkers. 2003
User Manual Series (2003)
Office on Child Abuse and Neglect (DHHS
Use of Authority in Child Protective Services

Child protective services (CPS) is an expression of a community's concern for the welfare of its citizens. Child protective services are provided because the community recognizes that children have the right to safety and that parents have obligations and responsibilities. The authority to provide these services is vested in the CPS agency and staff through laws and government policies. (Pretty vague, I think. I sure don't see LAW ENFORCEMENT AUTHORITY here. "Services" is NOT authorization to be law enforcement) Competent CPS practice involves using this authority effectively. The use of CPS authority has special relevance at the initial assessment or investigation stage of the casework process, but is applicable at all other stages as well. In fact, effective use of authority is an essential ingredient in establishing helping relationships with all involuntary clients.

Authority, whatever its source, can impede or enable the development of trust between the CPS caseworker and the children and family. The constructive and positive use of authority involves (1) stating one's purpose and function clearly at all times, (2) supporting and challenging the children and family, and (3) expressing feelings. This approach provides the children and family with a feeling of confidence that the caseworker:

Knows what he or she is doing;

Is secure in his or her position;

Intends the best for the child, parents, family, and society.

Since I am in Oregon, I decided to see if I could find what "authority" Oregon CPS people operate under. Here's what I found-

http://www.leg.state.or.us/ors/419b.html

419B.020 Duty of department or law enforcement agency receiving report; investigation; notice to parents; physical examination; child’s consent; notice at conclusion of investigation.

(1) If the Department of Human Services or a law enforcement agency receives a report of child abuse, the department or the agency shall immediately:

(a) Cause an investigation to be made to determine the nature and cause of the abuse of the child; and

(b) Notify the Child Care Division if the alleged child abuse occurred in a child care facility as defined in ORS 657A.250.

(2) If the abuse reported in subsection (1) of this section is alleged to have occurred at a child care facility:

(a) The department and the law enforcement agency shall jointly determine the roles and responsibilities of the department and the agency in their respective investigations; and

(b) The department and the agency shall each report the outcomes of their investigations to the Child Care Division.

(3) If the law enforcement agency conducting the investigation finds reasonable cause to believe that abuse has occurred, the law enforcement agency shall notify by oral report followed by written report the local office of the department. The department shall provide protective social services of its own or of other available social agencies if necessary to prevent further abuses to the child or to safeguard the child’s welfare.

(4) If a child is taken into protective custody by the department, the department shall promptly make reasonable efforts to ascertain the name and address of the child’s parents or guardian.

(5)(a) If a child is taken into protective custody by the department or a law enforcement official, the department or law enforcement official shall, if possible, make reasonable efforts to advise the parents or guardian immediately, regardless of the time of day, that the child has been taken into custody, the reasons the child has been taken into custody and general information about the child’s placement, and the telephone number of the local office of the department and any after-hours telephone numbers.

(b) Notice may be given by any means reasonably certain of notifying the parents or guardian, including but not limited to written, telephonic or in-person oral notification. If the initial notification is not in writing, the information required by paragraph (a) of this subsection also shall be provided to the parents or guardian in writing as soon as possible.

(c) The department also shall make a reasonable effort to notify the noncustodial parent of the information required by paragraph (a) of this subsection in a timely manner.

So it would appear, that at least in Oregon, and probably everywhere else, CPS people have NO authority.

They are depending on YOU to run your mouth, thereby VOLUNTEERING your Fifth Amendment Rights and Miranda Rights away.
They are depending on YOU to let them in your house to "look around" because you think you have nothing to hide, thereby VOLUNTEERING your Fourth Amendment Rights away.
They are depending on YOU to VOLUNTEER for their officious "services" of kidnapping the kids and making you jump through ridiculous hoops like a freshman during hazing week.

"There is no crueler tyranny than that which is exercised under color or law, and with the colors of justice." U.S. v. Janotti, 673 F. 2d 578, 614 (3d Cir.1982)

"Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them;" -- Frederick Douglas

NEW CASELAW August 21, 2008

Case Name: U.S. v. Craighead, District: 9 Cir , Case #: 07-1-135
Opinion Date: 8/21/2008 , DAR #: 13245
Case Holding:
Interrogations occurring inside the home are custodial, requiring Miranda advisements under the Fifth Amendment, if the circumstances turn it into one of a “police-dominated” atmosphere.

Also see AFRA Research- All about Miranda because what you don't know WILL HURT YOU

And the real heck of it is- The CPS people apparently don't even know they are deliberately getting people to volunteer their rights away. It's just the "culture of the industry" perfected so long ago that nobody in the industry knows how it started.

I have inquired of one of our front-line CPS worker friends what sort of training CPS people receive.

I wondered if they were made aware of THE PEOPLE having Constitutional Rights and Miranda Rights.
I wondered if they were made aware of the numerous FEDERAL US Code LAWS they are breaking every day.
I wondered if they were made aware of the actual FEDERAL LAW about "Reasonable Efforts" and "Kinship Placement Preference" they are supposed to observe in order to GET PAID.
I wondered if they were made aware of the numerous United States Court decisions against CPS' normal mode of operations.

The answer I received from our front-line CPS worker friend was-

"If you talk with CPS people about the LAW and Constitutional Rights, you get the 'thousand-mile' blank stare. CPS people are receiving NO training about the LAW or Constitutional Rights or Miranda Rights whatsoever. "

Dog catchers have legal authority, take an oath to support, uphold and defend the Constitution and wear the uniform of the Sheriff's office. CPS people have none such.

That's why the incompetence, malfeasance, and just plain evil at all levels of government is staggering and dumb-founding.

It's really a wonder more cps people aren't being shot for their behavior as a Domestic Terrorist and Enemy Combatant coming inside of people's homes and threatening them with complete destruction.

I think AFRA giving people some hope and help for redress may be what's kept it from happening already. And I don't know how much longer we are going to be able to keep the lid on it.

The people suffering at the grassroots are getting into quite a "Spirit of 1776" mood. It's getting darned serious down here in the proletariat. Frankly, the people calling me on the phone are driving me nuts. They are getting nothing but crap, even from the "judges" who consider themselves "part of the prosecution team".

"He has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries.

He has erected a Multitude of new Offices, and sent hither Swarms of Officers to harrass our People, and eat out their Substance.

For depriving us, in many Cases, of the Benefits of Trial by Jury: ... to be tried for pretended Offences:

In every stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury.

[Bureaucrats and Judges have become our Kings and Princes], whose Character is thus marked by every act which may define a Tyrant, is unfit to be the Ruler of a free People." --The Declaration of Independence

In the past, we have recommended that people answer the CPS people's simple questions.

I am now prepared to recommend that people simply say- "I am sorry, but I have nothing to say until I have a lawyer and no, you can't come in my house without a Search Warrant".

They are YOUR Constitutional Rights. USE THEM OR LOSE THEM

CPS has NO RIGHTS. They are "government".
YOUR CONSTITUTIONAL RIGHTS are RIGHTS AGAINST GOVERNMENT

Daffy teaches you how to be an American
MP3 audio
You are aware of course that you are
violating the sanctity of the American home!

Also see- How to Fight CPS The Mission-Critical Need-to-Know Info