Into the Belly of the Beast

Published on December 16, 2005 By Gideon MacLeish In Current Events

As many of my regular readers know, we have been dealing with false allegations against us lodged with the local CPS. I have written regularly of the way CPS has abused the rights of individuals in the past, and approach them very cautiously. I have given them no access to our home without a warrant, and have not allowed them to interview my children, based on my fourth amendment rights as repeatedly asserted in US courts over the years.

Today I went to their office to speak with them about a concern. I brought a tape recorder and recorded the conversation. They still want to interview the children, which I allowed, PROVIDED I was allowed to observe the interview through a two way mirror and obtain a complete audiotape of the interview. They readily agreed to both terms, and we scheduled the interview. I gave them these concessions, although I could still require a warrant if I wanted to hold them to the letter of the law, precisely because they HAVE been cooperative to my requests and respectful of my rights. Whether it was the right move or not remains to be seen, but I have everything on tape. And they have, at this point, withdrawn their request for a home visit.

The last time they approached my house, they did so with a city marshall, and, of course, I was concerned. But, as it turns out, this particular city marshall (who came to town to try to get rid of the OTHER city marshall, and who is in league with the contingent that want to "throw us out of town") had REQUESTED that he accompany the investigator, NOT the other way around. I am currently looking into whether he may have violated our rights by using electronic surveillance, a possibility I have VERY real reason to believe, and will be filing a complaint against him if this is the case.

While a number of individuals questioned my approach, this was the result I had hoped for. I refuse to be a victim, complaining that my rights were violated AFTER the fact, but instead am insisting that my rights are respected at every point in the process. The thing that most people don't realize is that CPS is NOT above the law, nor should they be implied to be. The fact that I have everything on tape, plus will soon have the visibility of my announced candidacy give me assurances that most individuals do not have.

Comments

Dr Guy

on Dec 16, 2005

Another Gideon excellent solution! They get their interview, and you can watch and record! You have been using that noggin over time lately!

Gideon MacLeish

on Dec 16, 2005

I have come to the conclusion that if I want to be an advocate, I had better learn to NEGOTIATE! .

And I AM learning, slowly but surely. But the fact that they will ALLOW me to negotiate (which is FAR beyond what they allow most families) tells me I'm getting through to them!

Gideon MacLeish

on Dec 16, 2005

Keep us updated, Gid, I hope this all works out for the best...

Oh, it will...one way or another.

The one thing I have learned in the time I have spent studying CPS is that "cooperation" can be sure death if you aren't prepared. The family in our community that had their kids removed STILL hasn't had them returned, despite complying with their requests for TWO YEARS. At least by fighting at every step, I've set up all kinds of basis for appeals if it does turn out bad. The way I see it is, with a corrupt system, you've GOT to get your case to the appellate level, where court decisions are CONSISTENTLY on your side. Sitting back and "playing ball" does NOT get your case to that level, since you voluntarily surrendered all of your rights.

That and the fact that the local CPS officials know you'll sue the bastards if they step out of line. Fear of litigation stops almost everyone cold nowadays.

Tova7

on Dec 16, 2005

Good luck Gid.

I didn't even think about it until this article, but yeah, you don't want this brought up during an election campaign...because most americans aren't familiar with CPS and think if you refuse their home visit you have something to hide.

Now, since you are allowing the interview (not the home visit), you can not only say you were cooperative but defended your rights every step of the way. A good example to families in the future.

Good job.

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