CPS took my kids illigally?

[Jenx7love]

Jurisdiction

California

I have five children and CPS has come in several times after I lost my husband to follow up on bogus claims, but today they showed up and removed my children stating that they had a warrant and said it was because it was an emergency. My home is clean, my children are well fed, loved and cared for, so there was no reason to take them. They were go ing solely off of reports that had been made over the phone and cited my failure to drug test as the reason. They told me that they had a warrant, although I
never saw a warrant and they did not leave me a copy of one. Can they do this?

 

[mightymoose]

They already did it.
Your question really is whether they did anything improperly.
I'd say it is unlikely they would do anything so foolish. The scenario you describe sounds possible.
We're you given no documentation at all? Were you told how to get your children back?
If not, contact them tomorrow and ask questions.

In the future, don't allow them in your home. That's a good way to test if they have what they need to do anything against your will.

 

[zddoodah]

there was no reason to take them.

Of course there was a reason. You may not know the reason or may not think it's a good reason, but there most certainly was a reason. Unfortunately, your failure to provide much of any detail about the reason (or reasons) or the allegedly "bogus claims" that apparently caused CPS to get involved with you and your kids makes it difficult for anyone here to tell you much of anything other than that you should contact a local attorney for assistance.

They were go ing solely off of reports that had been made over the phone and cited my failure to drug test as the reason.

Ok...does "failure to drug test" mean failure to take a drug test? Or does it mean that you took a drug test and failed it? Did you, in fact, fail, or fail to take, a drug test? If so, why were you supposed to take one? If you failed a drug test, why did you fail it?

Can they do this?

They did do it, so it's obvious that they can do it, but I doubt that's what you really intended to ask. If your intent was to ask whether what happened was legal, your post does not provide sufficient information to allow anyone to do anything other than guess blindly. I strongly suggest you consult with a local attorney ASAP.

 

[army judge]

today they showed up and removed my children stating that they had a warrant and said it was because it was an emergency.

Did you ask for identification when these strange people knocked on your door alleging to be officials of your state and/or local government?

All government officials are obliged to show credentials and a picture ID when you're approached about official government business.

Did you NOT know you can request to see their credentials?

Now you know, if you didn't know before I told you.

Always be polite, but ask for ID before proceeding.

You were told WHY your children were taken.

They told me that they had a warrant, although I never saw a warrant and they did not leave me a copy of one. Can they do this?

Again, you tell us you were told why, as well as being informed the mysterious people possessed a warrant.

I'm sure you know that you can ask to see a copy of the warrant.

If a warrant is alleged to be in their possession, but it can't be produced, it's time to lawyer up.

 

[leslie82]

I have five children and CPS has come in several times after I lost my husband to follow up on bogus claims, but today they showed up and removed my children stating that they had a warrant and said it was because it was an emergency. My home is clean, my children are well fed, loved and cared for, so there was no reason to take them. They were go ing solely off of reports that had been made over the phone and cited my failure to drug test as the reason. They told me that they had a warrant, although I
never saw a warrant and they did not leave me a copy of one. Can they do this?

Well they did it...it wouldn't hurt to call a lawyer and get some advice.

What did they say when they came? Did they prove who they are? I wouldn't give my kids over to anyone and if they claimed to be CPS and had documentation, I still might not.

Why did you have to take a drug test - that you didn't take?

 

[shrinkmaster]

I see some problems here. Its unlike CPS to take children without bringing Police for their protection and if there is a warrant you would be in jail. They must have said something so there is a reason even a "bogus" one. By the way removing the children may be for their (The children) protection until it can be found if claim is true or not

 

[mightymoose]

Policy with the removal of children varies with jurisdiction. Police aren't required to be present.
The warrant referred to here is not an arrest warrant, but likely a petition a judge has granted for the removal. It might have also been a search warrant allowing access to the home to get the kids.

 

[shrinkmaster]

When dealing with Children's services you are best served playing by their rules. Contacting a Lawyer will help as well.

Dealing with Children's services | Parent Nook