CPS violated my rights. Due process. Unreasonable search and seizure. Right to Fair trial. Right to privacy.

Question

CPS is unexpected visit after the child on my birth and justified to a spiteful friend with accusations. A single conversation led to the 9:00 p.m. raid they took my baby. CPS acted outside the bounds of law. The case built on accusations and character assaults. No reunification process.

James L. Arrasmith · Answer

Facing a situation where CPS has taken your child based on accusations can be overwhelming and deeply distressing. You have constitutional rights, including due process, protection from unreasonable searches and seizures, and the right to a fair trial. If CPS entered your home without a warrant, court order, or clear exigent circumstances, their actions may have violated those rights. A case built on character attacks rather than facts raises serious legal concerns.   
 
You deserve a proper reunification process, which CPS is required to provide unless extreme circumstances exist. If they have bypassed that process, it could indicate a failure to follow legal guidelines. Document every interaction, request all records related to your case, and keep track of any violations. The way CPS handled your case, especially if it was triggered by a spiteful report, may show improper conduct. A single conversation should never justify the removal of a child without proper evidence and legal procedures.   
 
You have options to fight back. Filing motions in court, requesting a case review, and seeking legal assistance are crucial steps. If your rights were violated, you may be able to challenge the case on constitutional grounds. Stay persistent, gather evidence, and push for accountability. You are not alone, and there are legal pathways to seek justice and reunification with your child.

Q: CPS violated my rights. Due process. Unreasonable search and seizure. Right to Fair trial. Right to privacy.