OK- These are precedents from Federal circuit courts-

The third - someone sent as a possible help site.

http://www.hslda.org/legal/state/NC/19990915Stumbo/default.asp

THE ABOVE POSTED LINK IS IMPORTANT FOR PEOPLE IN NC. ( Laura- there was not much said about this- but let me tell you- this will be VERY handy.)

http://www.dhhs.state.nc.us/dss/text/tx_about/tx_about_hm.htm

And the DSS weblink

Findlaw.com has been very helpful- you can search by circuit court, state supreme court, or by WORD SEARCH.

Nolo.com is useful too.

There are hundreds of cases out there- and CPS and DSS will treat you like you have no rights.

They acted like I was an ignorant redneck.(and tried to treat me as if I were stupid. What they DIDN'T know- was I have been trained as a child care worker- and one of the things that I was taught (although it changed very little) was HOW FAR CPS could go. My hubby is an Education major- and he's just gotten a job where he goes through CPS worker training as well as other things. And they can't just threaten you.  When a state law conflicts with a federal law- it needs to be changed.

And I am finding more and more cases daily. The ones I am actually SAVING and posting are success stories and do not involve the Hague Treaty. I am wading through more and more stories daily.

A couple that have NOT made it into the Findlaw list:

>Mary Roe V. CPS

 Filed 7/19/01 Fifth Circuit

>>Nature of the case- Lubbock TX, CPS worker was investigation non-emergency complaint. The court held that the law was clearly established that the 4th Amendment applies to Social Services Investigations and that this worker should have known that a coerced entry violated it. Since the official were denied *qualified immunity, they have the right to file an interlocutory appeal to the Fifth Circuit which they have done. HSLDA has filed an amicus curiae (friend of the court) brief on behalf of the Roe family.

>>Status: On 7/17/2002- US Court of Appeals for the Fifth Circuit adopted the argument in HSDLA's brief, ruling that social workers are bound by the 4th Amendment when conducting abuse or neglect investigations.

5/15/03

Doe v. Heck

WI 7th Circuit Court

When a private school principal refused to allow social workers to interview children at the school, the social workers obtained police reinforcement and did it anyway. The 7th Circuit court said that forcible interviews of children on private property constitutes a "seizure" under ths Fourth Amendment.

I have a couple more- but as I need to meet the bus- I'd best run!

Hope