Civil Rights

How did CPS violate my rights?

Procedural Due Process Civil

SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

  • They removed your child with out due process, meaning without first being heard and able to defend yourself. This is the 4th amendment of the United States Consitution
  • The Requirements of Due Process.—Although due process tolerates variances in procedure “appropriate to the nature of the case,”
  • it is nonetheless possible to identify its core goals and requirements. First, “[p]rocedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property.”
  • Thus, the required elements of due process are those that “minimize substantively unfair or mistaken deprivations” by enabling persons to contest the basis upon which a state proposes to deprive them of protected interests.
  • The core of these requirements is notice and a hearing before an impartial tribunal.
  • Due process may also require an opportunity for confrontation and cross-examination, and for discovery; that a decision be made based on the record, and that a party be allowed to be represented by counsel.

Fourteenth Amendment of the US Constitution —

Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

Section 1. Rights Guaranteed

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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