Legally Kidnapped

Shattering Your Child Welfare Delusions Since 2007

Saturday, June 16, 2007

If they come to your door

If the social worker wants to meet you, you tell her you will meet her at a public location, park, library, or her office.

Once you do that, your state's open meeting laws kick in. You can tape record, video tape, with any recording device. Be prepared to have her say no, but she is not telling the truth. If you tell me what state, I will get the law for you to have handy to give to her. You should also have your lawyer with you when you meet with her. If you do not have a lawyer, you should have a witness.

Why does she want in to your apartment? Have you signed any safety/treatment plans already?

Social workers must respect the constitutional rights of parents mandated under federal law. They must tell you the allegations against you. And, even with a policeman, they cannot break into your apartment unless they have a warrant. They will say its an emergency to remove your child. If they do come with a policeman, you should have your video camera on. You should ask them for their warrant or Court Order. You have them pass it through the window. You then call the court to make sure it is valid - a Judge will have had to sign it. You then tell them you need to fax a copy to your attorney. If they attempt to pull the exigent circumstances (meaning your child in peril of life and limb), you then bring your child to the window, with the tape on and say, you can see, the child is fine so there is no emergency. Then, you ask them to leave if they do not have the order. If they do have the order, you tell them they'll have to wait outside in their cars until your attorney arrives because they do not have your permission to enter, since there is no
emergency, until he is there.

If the policeman starts to break in, be sure to video-tape the entire incident.

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