ok here is the situation. Cps worker shows up at door. Obviously I
dont want him in cause I am in process of changing the house around and
what not after two waterline breaks. He says "you dont have to let me
in but I will sit here, call police.... take kids away right now."
how much of this is the truth? andhow much of it is bluff? First of
all, to my knowledge cps and police still need a warrant to enter
without my permission (without obvious reasons apparent from without,
which they did nto have. It was literall, him standign in front of
porch, me in doorway talking through window. He telle me let him in or
he calls police and they take the children away now. No warrant no
nothing. He also telles me that if someone intentionally slanders me
again, waiting for a day like otday when house is being moved around,
even if it is obvious things are being moved around, he will take the
kids period.
Can anyone help?

first of all, if he believes kids are in seriouse danger he can call
police out and take the kids in protective custody and then you have to
go to court to prove you are capable of taking care of them, secound if
you feel like you are getting a bum deal from the guy, if you have his
name call his department and speak with the supervisor, alot of times
when you express yourself in this matter and then they have to
investigate them, if the house is a mess just from moving furniture
around then you have no worry's, but if the house is in a condition that
the kids could be in danger and then the cps has a case against you,
contact local legal aide and they can fill you in on your state laws
regarding this matter better than anyone else

I think you may have nisunderstood me single. He made the threat of
removing the kids with no way of knowing wether the kids were in danger
or not. he basically said, ok I am here if you dont let me see the
house (and this is first visit) Iam removing the kids immmediately,
without reason to believe there is an issue. He had no warrant or
anything. I let him in so that i dont get branded as a trouble maker,
but you get the idea.

If your house is a mess and or a risk for your children then CPS has
ever right to be there.

they still have to have a warrant though. NO SINGLE PERSON OR
GOVERNMENT ENTITY may neter a private home or business without express
permission of the owner unless there is a signed warrant on hand. Now,
an office of the law may enter if he or she has reasonable doubt as to
the safety of the children or adults whatever. reasonable doubt does
not include hearsay.

the investigator is completely within his rights. and if you don't let
them in...or if you DO, and he feels they truly are in danger...and yes,
they consider what is called "environmental neglect" danger...then he
can take them, as well.

no warrant is necessary...they take care of all necessary paperwork
before they even show up at your door.

daniel, it also depends upon the age of the children...if they are past
the toddler age, chances are they'll tell you that you have a specified
amount of time to rectify the situation...a bigger kid is less likely to
have problems with a mess.

not true on that point lulu, although they will try to tell you that.
They can not legally enter your house or business without permission
unless they have a warrant. And to get a warrant they have to have
evidence first that suggests there is a danger. and someone calling in
is not evidence it is hearsay. For a copt to justify going in without a
warrant he would have to be able to state he saw soemthing through the
open door, or an uncurtained window, etc, or heard a child screaming,
crying forhelp, etc. This is constitutional law.

hey lulu, the "so-called mess"? I had the entire house ready for a
military white glove imspection within ten minute sof his leaving (witht
he excpetion of two cabinets still nedding to be moved). There was no
mess.

you're right, in that you don't have to let them in. but if you
don't...he CAN just take them.

at least, that's how it works here.

they have MUCH leeway here...if the investigator calls in, they can have
a court order in no time.

i'm emailing you, hon.

well usually they investigate to see of the complaint has merit.if it
doesnt you can sue the neighbors for harassment.I yell at my six yr old
outside if he wanders off too or if he doesnt answer me.It does cause a
wee bit of panic.This guy sounds overzealous,i would call his
supervisor.

yeah he literally stated that "you can deny letting me in the house,
that's your legal right, but I will simply sit out here and call the
police, and have them come and I will take your children away
immediately".

Now how many illegalities can YOU find in that statement?

andno cute, normally you can not sue the accusing party, thats the
reason for privacy witht he calls. You have to get a court order in
order to reveal the callers id, and then it dont always work cause it
can be done anomynously as well.

Daniel, I am so sorry that this happened to you.

I hope that it will correct itself soon and you can move on with your
life.

(((Fine)))

I'm sure he will. Dan is fighting stock and he loves his kids, and that
is on his side