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Posts: 52285
05/26/08 4:57 PM
Administrator/Editor SPAM SQUAD
Posts: 5818
05/26/08 5:22 PM
Moderator/Assoc. Editor
Posts: 130567
05/26/08 5:46 PM
Co-Founder/Editor Administrator
Posts: 34817
05/26/08 5:54 PM
No they will have to do that if they follow the law, to do otherwise would be to legislate from the bench.
When the court appoints a lawyer for a minor , or Child Advocate their duty is to work for the child s best interest, including filling lawsuits.
05/26/08 6:11 PM
I was talking about your comment wherein you suggested that these idiot cult members will be filing lawsuits against the state. If they're fools they probably will, if those cult members have an ounce of intelligence they won't.
If the court appoints an attorney during their investigation and then that court or a different court hands the children back over to the parents...... those attorneys no longer have any standing unless they are paid for by the cult members.
05/27/08 6:54 AM
No I'm not wrong I just worded what I meant wrong. If the judges hand the children back to their parents and the cases are thrown out then there is no legal need for a guardian ad litem. Sure they can file the paperwork while they are representing the children but if the charges are dropped and the kids are back home with the parents then the funding for those lawyers by the state stops.
Posts: 173430
05/27/08 2:29 PM
Adminstrator Co-Founder Owner/Emeritus
That isn't the way it works, when cps goes in, they interview the parents and appraise the situation, if they feel the kids are in danger, they take the kids, put them in a foster home for their safety, then the court process starts.
Posts: 1131
05/27/08 2:52 PM
NewsHawk
05/27/08 4:59 PM
I will not condemn CPS agencies throughout this country, some are very good, some are not. The ones that get the most press are of course the agencies/workers that are not good. CAPTA which was originally written and passed in the early '70s was necessary legislation. If parents are abusing and/or neglecting their children then who better but law enforcement agencies to do the job of protecting our youngest citizens? The problem, as I see it, has been that over the years CAPTA has been rewritten several times. So much so that it has become more "feel good" legislation than it is good legislation. I'm not sure what will happen in Texas. I don't know what the states' entire evidence is nor what Texas law requires CPS workers to prove before they remove children from a home. Those children may well be turned back to their parents and the state may well drop their charges. Personally I believe the ex-FLDS members who speak of child abuse happening on a regular basis. I also believe ex-FLDS members who speak of brainwashing and other tactics to keep cult members in line. It is also my belief that if it turns out those Texas CPS workers, local law enforcement and the judge that signed the warrant to go in to that compound were wrong in what they did that the feds will proceed with an investigation of it's own. ONE of the alphabet gov't. depts. is going to do an investigation of that compound. There seems to be too much evidence floating around for the feds to continue to look the other way when it comes to this cult. Being that the FLDS compounds are spread out over several western states it gives the feds even more reason to start pokin' around.
05/27/08 6:38 PM
05/27/08 7:14 PM
05/28/08 7:27 AM
Those agencies, are like anything else in this world, they have some good people, and some bad, they aren't making up the rules, they're following them.
05/28/08 9:03 AM
Some in fact do make up their rules as they go. Their authority is very widely written in most states.....very widely written. I don't believe there is a simply solution to this but surely there is a better way to deal with it.
ยง 261.106. IMMUNITIES. (a) A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. (b) Immunity from civil and criminal liability extends to an authorized volunteer of the department or a law enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect or in an action arising from an investigation if the person was acting in good faith and in the scope of the person's responsibilities. (c) A person who reports the person's own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting alleged child abuse or neglect is not immune from civil or criminal liability.
05/28/08 11:31 AM
05/28/08 12:16 PM
05/28/08 12:45 PM
The only thing states, CPS or local law enforcement have to prove is that they were working in good faith. That is it. A child a parent nor anyone else will not receive any judgements if a court finds that CPS was working in good faith. Doesn't matter what some psychobabble dr. claims. If CPS was/is working in good faith they will be protected from a lawsuit. The only thing so far that anybody has claimed was false was a phone call. If that is true then right at this moment the ONLY person that can be sued is the individual that made the false call. If that cult can find some evidence that the local law enforcement or CPS did what they did maliciously, or a CPS worker committed perjury to get in that compound or remove the children then that is a completely different scenario. From what I have gathered local law enforcement had left them alone. I can't find any previous mention of CPS investigations in to that particular compound of that FLDS cult either. Not the actions of people who are/were acting maliciously.
05/28/08 2:17 PM
05/28/08 3:17 PM
I've already posted Texas legislation which provides immunity for these workers so I'm not just saying what I want. I did some looking in to CPS legislation across the country ever since one of our some time posters, can't remember the name at the moment, alerted me to the fact that it is difficult if not impossible to sue CPS agencies and workers in a civil court and be victorious. I did that research some months ago. I'm sure the cult lawyers will try to make a buck. In fact I expect them to sue, doesn't mean they're going to win. I've no idea how the criminal end of the case will turn out. The state could determine that it is only releasing the 38 children which the appeals court based their decision on. They may release all of the children, I don't know. What I did notice is that no where in the appellate courts decision did they state that the CPS workers were malicious in their actions. I also did not see any where in that decision the court accuse the CPS agency or local police of not working in good faith.
05/28/08 3:36 PM
05/29/08 8:41 AM
Just because the state has a law on the books in no way makes it constitutional.