4th Amendment Rights

[ConnieSWebber]

What is the name of your state (only U.S. law)?
Maryland -
Question:I understand that under the 4th Amendment, CPS workers may not enter a home without a warrant unless permitted by homeowner . Being unware at the time of this, my daughter-in-law allowed CPS workers who arrived at her home unannounced inside at their request. Has she now forfeited her 4th Amendment rights for all future visitations by CPS caseworkers?

 

[FlyingRon]

The police and others will never tell you that you have the right to deny them entry. You should always infer that when they ask if they can come inside (they aren't just being polite).

No I don't think that precludes her from barring the from discretionary entry in the future. HOWEVER, CPS is one of those areas that generally is permitted to run rampant over the Constitution under the guise of protecting the children.

 

[CdwJava]

Consent can be withdrawn. If she does to want them inside, she can refuse to let them inside. However, CPS might then be able to take some other action. Many times they are there to do one thing - perhaps to confirm or deny a report - and sometimes letting them inside and see for themselves is a good way to get them to clear the complaint and move on.

They have to investigate and resolve every complaint made to them ... it is a thankless and difficult job. I know that *I* wouldn't want to do it!

 

[ConnieSWebber]

CPS is scary. My son and daughter in law are good parents and shouldn't be in this situation. Someone called in a report that my grandchildren 1yr & 2yrs. old were left unattended in a car. This is not true. There was a 13 year old in the car with them at the time while she went inside the school to pick up her 5 year old son. Apparently whomever reported this did not notice the older child sitting in the back of the van.
When the CPS workers showed up at her house, she had no idea why - they asked to come in to speak to her and wound up inspecting every corner of the house, cupboards, fridge, childrens rooms, etc. Prior to that they had interviewed the 5 year old at the school. In the course of the interview he was asked if his patents ever hit him. He told them that his father had spanked him with a wooden spoon which is true. But it was just one swat on the buttocks for misbehaving and hitting his little brother. Now they're being investigated for neglect and abuse!

 

[Proserpina]

CPS is scary. My son and daughter in law are good parents and shouldn't be in this situation. Someone called in a report that my grandchildren 1yr & 2yrs. old were left unattended in a car. This is not true. There was a 13 year old in the car with them at the time while she went inside the school to pick up her 5 year old son. Apparently whomever reported this did not notice the older child sitting in the back of the van.
When the CPS workers showed up at her house, she had no idea why - they asked to come in to speak to her and wound up inspecting every corner of the house, cupboards, fridge, childrens rooms, etc. Prior to that they had interviewed the 5 year old at the school. In the course of the interview he was asked if his patents ever hit him. He told them that his father had spanked him with a wooden spoon which is true. But it was just one swat on the buttocks for misbehaving and hitting his little brother. Now they're being investigated for neglect and abuse!

Hitting a child with an object is generally considered by CPS/DHS as a no-no. Did they overstep here? Can't say for sure. You weren't there and I wasn't there. Frankly I wouldn't have done it, but that's in many instances a difference in parenting styles. But yes, that may warrant an investigation.

Let them complete their investigation.