NY Senate Bill 1669: Allows CPS to Enter Homes

[Cold Highway]

Senate Bill 1669 would allow any CPS representative to obtain an immediate warrant to enter an individual's home if that individual, who is the subject of a CPS investigation, blatantly refuses to a meeting or a home visit with the CPS caseworker. Under Senate Bill
1669 "blatant refusal" simply means verbally refusing to a meeting or home visit by CPS. Under the bill anyone who blatantly refuses to allow the CPS caseworker into his home, or consent to a meeting, will be automatically indicated for a more thorough investigation.

Under Senate Bill 1669, to obtain a court order to enter a home and investigate the well-being of the children living there, a caseworker need only declare that he is a CPS representative, and provide identification verifying this fact. The CPS worker can then demand a meeting or entrance into the home of the individual who is subject to an investigation. If the individual does not comply with these demands within 24 hours, the CPS representative will have grounds to obtain an immediate warrant. According to Senate Bill 1669, the CPS caseworker will be required to obtain the warrant the very first time an individual refuses a home visit or meeting.

I support protecting children from scumbag parents, but stuff like this goes way too far.

Senate Bill 1669: Allows CPS to Enter Homes | HSLDA

 

[TheBook]

Eh, in all honesty I'm not strongly against it. It's probably because I have a personal bias in the matter; a friend of mine who I knew since I was a kid was abused by her mother regularly and CPS simply interviewed the mother once and dropped the case, which caused the mother to do some really nasty stuff, to the point that my home became a second home for the girl for a while.

 

[Temporal]

CPS reminds me of MADD. Too many powers granted over few incidents.

There are plenty of stories out there about children being taken away on hearsay alone. If CPS came to my home to take my kid, they better have a good reason, otherwise they would be looking down the barrel of a gun.

 

[CriticalThought]

There were over 800,000 substantiated cases of abuse towards children last year. Just something to consider.

As far as children being taken away on hearsay alone, I challenge someone to back that up with any degree of evidence. It doesn't happen. The foster care system is too overloaded as it is to place children who have no need for it.

 

[CriticalThought]

If CPS came to my home to take my kid, they better have a good reason, otherwise they would be looking down the barrel of a gun.

CPS can't take away your children. Only police officers have that power. I don't know of any state which grants CPS workers the authority to take away kids, they simply advise the law enforcement and the law enforcement makes the call and carries it out.

CPS does, however, investigate abuse allegations.

 

[Temporal]

CPS can't take away your children. Only police officers have that power. I don't know of any state which grants CPS workers the authority to take away kids, they simply advise the law enforcement and the law enforcement makes the call and carries it out.

CPS does, however, investigate abuse allegations.

I'm aware of this, but CPS can call the authorities on hearsay alone. I could call CPS on my neighbour and claim that I hear my neighbour beating his children every night, or being extremely abusive until late in the morning. It's a very simple matter to go from a CPS call to a warrant within the matter of hours.

Taking away people's children is serious business and it should happen only in a court of law. Innocent until proven guilty. If they don't have evidence then too bad.

 

[CaptainCourtesy]

I'm aware of this, but CPS can call the authorities on hearsay alone. I could call CPS on my neighbour and claim that I hear my neighbour beating his children every night, or being extremely abusive until late in the morning. It's a very simple matter to go from a CPS call to a warrant within the matter of hours.

Taking away people's children is serious business and it should happen only in a court of law. Innocent until proven guilty. If they don't have evidence then too bad.

And if this happened, CPS would come to your home, find out that nothing occurred and leave. Children are not removed on hearsay alone. I work quite a bit with CPS in my state. Most allegations like you are descibing get dismissed with a simple phone call or brief visit.

I support the Bill. Because CPS often acts very slowly in order to protect the rights of the parents, damage can happen to children before actual actions can occur. Something like this to speed up the process is OK with me.

 

[CriticalThought]

I'm aware of this, but CPS can call the authorities on hearsay alone. I could call CPS on my neighbour and claim that I hear my neighbour beating his children every night, or being extremely abusive until late in the morning. It's a very simple matter to go from a CPS call to a warrant within the matter of hours.

Taking away people's children is serious business and it should happen only in a court of law. Innocent until proven guilty. If they don't have evidence then too bad.

Wow. Where did you get such a screwed up conception of what CPS does or is capable fo doing? Your concerns about CPS are unjustified. Please go actually find what CPS does in your state.

 

[samsmart]

Wow. Where did you get such a screwed up conception of what CPS does or is capable fo doing? Your concerns about CPS are unjustified. Please go actually find what CPS does in your state.

In Florida, they lose the children under their care and download child porn.

 

[Kal'Stang]

There were over 800,000 substantiated cases of abuse towards children last year. Just something to consider.

As far as children being taken away on hearsay alone, I challenge someone to back that up with any degree of evidence. It doesn't happen. The foster care system is too overloaded as it is to place children who have no need for it.

What about the hearsay coming from a child?

No, I don't have proof. Yes its another ancedotal bit of evidence that will more than likely just make you shrug and not believe me. But that's fine. Take what you want from this.

I've got a friend and his wife who was accused of beating on thier daughter (at the time they had two kids..one boy, one girl). By the child herself. CPS/Police took both thier children away just on that childs say so. But here is the kicker. The child flat out lied. How do I know this? Because I had observed how they had treated that child and how the child acted. They never..and I do mean NEVER even swatted that childs butt even once when ever she acted out in ANY way or when she did soemthing wrong. That child would put her hands around her mothers throat and squeeze as hard as possible. (she even did it to one of my nieces) The child was also clumsy as hell. I'd see her trip on even the slightest bump in thier living room carpet. In essence she was a spoiled little brat that deserved a damn good spanking.

Well the night before school my friend sent her to bed early so that she could get up for school. On the way to bed the child threw a tantrum and as she was going up the stairs she slipped and fell. Got a bit of a bruise on her head because of it. Well, while at school the staff did the normal thing and asked the child how she got the bruise. She told them her dad did it to her. Right then and there they called the authorities and both kids got taken away.

They haven't been able to get thier kids back since.

 

[TheBook]

Note that CPS never even entered into that equation. It went School - Police. Sorry to say that it's more common that a child who is being abused will report abuse than one that isn't, and in those situations it's very, very hard to sort out the truth.

 

[Kal'Stang]

Note that CPS never even entered into that equation. It went School - Police. Sorry to say that it's more common that a child who is being abused will report abuse than one that isn't, and in those situations it's very, very hard to sort out the truth.

Actually the CPS and cops were both told by the school.

And its not really that hard to figure out the truth if they actually investigate, asked neighbors, friends, etc etc.

 

[CriticalThought]

What about the hearsay coming from a child?

No, I don't have proof. Yes its another ancedotal bit of evidence that will more than likely just make you shrug and not believe me. But that's fine. Take what you want from this.

I've got a friend and his wife who was accused of beating on thier daughter (at the time they had two kids..one boy, one girl). By the child herself. CPS/Police took both thier children away just on that childs say so. But here is the kicker. The child flat out lied. How do I know this? Because I had observed how they had treated that child and how the child acted. They never..and I do mean NEVER even swatted that childs butt even once when ever she acted out in ANY way or when she did soemthing wrong. That child would put her hands around her mothers throat and squeeze as hard as possible. (she even did it to one of my nieces) The child was also clumsy as hell. I'd see her trip on even the slightest bump in thier living room carpet. In essence she was a spoiled little brat that deserved a damn good spanking.

Well the night before school my friend sent her to bed early so that she could get up for school. On the way to bed the child threw a tantrum and as she was going up the stairs she slipped and fell. Got a bit of a bruise on her head because of it. Well, while at school the staff did the normal thing and asked the child how she got the bruise. She told them her dad did it to her. Right then and there they called the authorities and both kids got taken away.

They haven't been able to get thier kids back since.

I call bull**** on this story. A child who has undergone suspected abuse would have a medical examination and an interview. Only the courts can terminate parental rights. What you just described sounds completely made up and ill informed.

 

[samsmart]

I call bull**** on this story. A child who has undergone suspected abuse would have a medical examination and an interview. Only the courts can terminate parental rights. What you just described sounds completely made up and ill informed.

Well, to be fair, most laws are state-based, so the individual states determine most things, I'd imagine.

 

[Mayor Snorkum]

There were over 800,000 substantiated cases of abuse towards children last year. Just something to consider.

As far as children being taken away on hearsay alone, I challenge someone to back that up with any degree of evidence. It doesn't happen. The foster care system is too overloaded as it is to place children who have no need for it.

What "anecdotal evidence"?

Here's the key sentence from the OP:

Under Senate Bill 1669, to obtain a court order to enter a home and investigate the well-being of the children living there, a caseworker need only declare that he is a CPS representative, and provide identification verifying this fact.

The CPS goon merely has to show his ID to the Judge and the Judge writes out a warrant.

Well, last time I checked the Constitution, a warrant requires "probable cause". The possession of ID is not probable cause and is no different than a cop saying since he has a badge he has every authority to do a cavity search on your body.

Clearly unconstitutional.