Skip to comments.DCS no longer removing children without hearing
Posted on 11/01/2013 5:26:12 AM PDT by don-o
NASHVILLE, Tenn. (AP) The Tennessee Department of Children's Services says case workers can no longer remove children from homes without a hearing in court.
The Tennessean reports the agency told employees this month about the change, which comes on the heels of a pair of U.S. Sixth Circuit Court of Appeals opinions that said case workers have to abide by a constitutional amendment that guarantees people the right against searches and seizures without a warrant.
(Excerpt) Read more at timesnews.net ...
What an amazing concept. Find them guilty before punishing them.
Other states could learn something from this.
Wow, one step forward.
A tad like letting the drunk driver drive off after giving him a ticket.
ALL states should pass this law, ESPECIALLY Michigan.
“...The Department told their employees...
...they have to abide by the constitution...”
But what about children with hearing?
This is good news.
With the ability to get a hold of a judge at 2AM, there’s no reason not to do it legally. If a kid’s at the hospital, the order can be done before the child is released. If someone calls in, they can get a judge on the phone in minutes.
The cops do it, so can child protective services.
Innocent until proven guilty - what a concept!
Supreme Court case law confirms that parents have a liberty interest in raising their children. If Tennessee was removing them without a hearing, that is a violation of due process.
It’s not a criminal case. Missouri and Kansas do have hearings first, I would wager a guess that Tennessee’s lack of appropriate procedure is an anomaly among the states. this development is not trailblazing but caches Tennessee up to where it should have been
Exactly my reaction.
I thought it was a story about "mainstreaming" deaf children in the classroom.