Darleen's Place: Social Workers Behaving Badly

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May 26, 2008

Social Workers Behaving Badly

The saga of the Texas CPS's abbrogation of the civil rights of the residents of the FLDS continues

ELDORADO, Texas (CNN) -- An 18-year-old who gave birth in state custody after she was incorrectly seized in a raid on a polygamist sect ranch says the state kept her in foster care in an effort to seize her baby. [...]

The state apparently agreed that Jessop was not a minor. A caseworker signed a statement saying Jessop gave her age as 18. Her birth certificate says so, along with a "bishop's list" collected as evidence from the sect's records.

There was also no denying she was weeks away from giving birth to her second child. And that, she believes, is why she wound up in foster care.

Of course, Texas CPS is denying everything. They maintain she never offered any id nor ever asked to be released from ~~imprisonment~~ foster care.

However, how much credibility can we give CPS at this point?

Jessop stands by her story, and her attorneys say they are considering a federal lawsuit against Texas officials for violating her civil rights.

That lawsuit, too, may benefit from a little noticed ruling last Monday, May 19, Michael C. v. Gresbach. It was a case in which a social worker entered a private school, without warrant and demanded to see two children she suspected had been spanked by their parents. She demanded the school not contact the parents and also denied any school official to be in the room while she "questioned" the children. The course of her "questioning" also included her forcing the children to partially disrobe in order for her to "examine" them for evidence of abuse. What was particularly alarming, according to the parents' and children's attorney, is the fact that this social worker's behavior was not unusual

“The social worker performed these strip searches as a matter of routine, estimating that in perhaps one-half of the 300 or so cases she handled every year she subjected kids to a partial disrobing,” he said. “In fact, she testified that she considered it so routine that she did not bother to discuss her intentions with her supervisor, even though she spoke to her on her way to the school.”

The state had several social workers file affidavits saying they would have followed the same procedure. Crampton said, “That is an alarming admission, and we suspect you would find a similar pattern in social service offices all over America.”

The social worker maintained not only did she have a "right" to conduct such a search but that she was immune from lawsuit.

Happily, the Seventh Circuit Court of Appeals unanimously disagreed with the social worker

"While we recognize that 'child welfare caseworkers are often called upon to make difficult decisions without the benefit of extended deliberation' in order to prevent 'the most vulnerable members of society, children of tender years, from being physically abused,' Heck, 327 F.3d at 525, we do not believe that requiring a child welfare caseworker to act in accordance with basic Fourth Amendment principles is an undue burden on the child welfare system, particularly when it is necessary to conduct an examination of a child's body, which is undoubtedly 'frightening, humiliating, and intrusive' to the child. At the time Gresbach conducted the searches at Good Hope in 2004, there was a clearly established doctrine as to what actions a Bureau caseworker must take when conducting a child abuse investigation at a private school."

What do you know? Parents do have Constitutional rights! Even parents in private, Christianist schools.

Whodda thunk it?

Posted by Darleen at May 26, 2008 10:07 PM

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