Gates case fallout: Texas CPS issues “Urgent Legal Advisory” to personnel

by Kurt Schulzke on August 22, 2008

Responding to the 5th Circuit Court of Appeals recent decision in the Gates case, Texas CPS today issued an “urgent legal advisory” to all CPS personnel warning them of dire consequences for failure to conform to so-called “new standards” in removing children from their homes.

Ordinary Americans have traditionally thought of these “new” standards as something closer to “due process,” a standard that has been with us since Magna Carta, in 1215, but CPS has heretofore been too self-important to bother with it.  The world watches in stunned silence as CPS personnel contemplate the very idea of personal consequences for their own misbehavior.  What a concept!

I haven’t had time to analyze the advisory in detail, but this introductory wording is both interesting and potentially significant:

The Gates case is significant for two key reasons. First, it sets out a new standard that will require DFPS to obtain a court order prior to removal in a much larger proportion of our cases and affects whether we can transport or enter a home. Second, it is significant because it clarifies that if the standard is not followed, staff could be sued as individuals and lose qualified immunity, i.e., be responsible for monetary damages.

What we’re talking about here, I believe, are simple 4th and 5th Amendment concepts.  But for CPS, it’s a sea change.   I look forward to reader comments on the advisory.

ht: an AAL

{ 103 comments… read them below or add one }

R February 18, 2009 at 9:10 am

You’re so upset over a blog post that was posted last August that you just had to comment on it? Sheesh. Your comment sounds like a lot of boilerplate nonsense. However, I was interested in your comment that “there’s no right or wrong way to care for children.” If that’s the case, why does CPS exist at all?

Tell you what – when CPS stops taking children from parents whose only fault is having lost their job and being low income (look up “Ricky Holland”, one of thousands of examples), when CPS workers don’t fill reports with frivolous criticism over parents and guardians for using pacifiers or having a sink full of dirty dishes, when CPS workers don’t lie about parents to get good press for themselves, when CPS workers don’t monitor internet sites for parents who put up videos of their encounters with caseworkers (I’ve seen loads of such videos taken down from youtube.com), when child protection workers don’t call guardians “unfit” for having diabetes, when CPS workers learn that taping children’s mouths shut really isn’t a good idea (look up “Logan Marr”), then I’ll agree that we should “collaborate.” Until that day when you and your kind manage to shape up effectively, then you can forget it. I suggest you get a real job that contributes to society.

R February 18, 2009 at 9:13 am

… and even working at McDonald’s or Walmart would be more of a contribution to society than working at an orphanage.

Archie June 22, 2009 at 2:54 pm

I just starting researching the Gates case today in relation to the recent veto by Governor Perry of SB 1440, a veto I worked toward making happen.

I found this blog very very informative and enlightening. I also have learned a lot by listening to former Georgia senator Nancy Schaeffer and reading her writings. (EagleForumOfGeorgia.org) Good articles and videos there about parental rights and CPS.

There are some factors that seem to have not to have been mentioned at all in these postings. One poster did mention we are all having our Constitutional unalienable Creator-endowed rights trampled on more and more each day.

There is a move toward a statist collectivist world government system. It is well known that our USA government as well as our Texas state government is really in the clutches of moneyed elites and globalists. (yes, there are a few exceptions, very very few.) Our “elected represenatives” and our top bureaucrats are purchased entities, purchased by the ruling globalist elites. The lower level bureuacrats and other parasites on the whole rotten CPS system only care about the money they make and keeping their jobs.

That is one factor not mentioned. Another factor not mentioned is that with the Texas Youth Commission, there was a scandal involving the sexual abuse of the children in those institutions. The abuse was regular and of long-standing. The abusers may well have included top elected state officials and bureaucrats, all of which has been pretty much swept under the rug by now. There are many stories of top government and religious people being involved in paedophilia and pedophilia “rings.” This factor leads to the next factor that seems not mentioned in these postings.

There is gross corruption in the form of bribery, extortion, and blackmail to cover up the paedophilia of important people. Indeed, there is even “murder” than sometimes comes from cases like this on the national scene.

The Texas governor and legislature is worthless and useless if not just as wicked and evil as the CPS system. If watchdog groups had not found out about SB 1440, there would have been no time to launch a protest to get Gov. Perry to veto it. The whole bill was pushed through by some unnamed power brokers and Perry would have blithely signed it in to law. I do not know if Perry knew what the real motivations of the people who pushed SB 1440 were. One thing that is crystal clear is that SB 1440 would have “proteced the CPS system” and done nothing to protect children and parental rights.

There are wicked and evil and corrupt forces operating over the legislature of the state of Texas as well as over state agencies. People are “silent” about what they see going on around them in their agencies and state institutions because they know what happens to people who blow the whistle.

Lastly, the child snatching business is big money for a whole lot of different people. Some of the money comes from the federal government and some of it is grabbed from state taxpayes and some of it is milked from the victimized families. No one mentioned all the many monetary incentives for so many people involved in the CPS process to keep the children in the system. Walter Mondale (early 70s)saw to it that the first law giving money to state CPS agenies for every child adopted out of a foster home, and Bill Clinton just upped the ante. Hillary “It takes a village” Clinton is very much in favor of the state owning the children. There are almost no incentives to “reunify” the child with the family. There is just no money or jobs in that.
The children are products that generate revenue for all the suckers on the system.

Oh, I guess one more thing. Our judges are crooked. They do not care about the Constitution or the law and a bunch of them are on the take.

We the people in the general public know the media is just a big lie machine. I have to read around on the web to try to get at the truth.
Thank you for this blog on this subject. I guess I may seem vicous and vengeful. All I want is the truth.

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