CPS Has More Seizure Power Than The Police [N4viicIA Jc]

00:00 The removal of more than 400 children from the FLDS ranch in West Texas has put Child Protective Services under the microscope. That case has led others to wonder if they could do that to FLDS children, can CPS do that to my children? CBS 42 investigative reporter Nancy Wilson shows us one family who says the same thing happened to them and eight years later they're still trying to clear their names We're challenging the constitutionality. This is the Gates family, Gary and Melissa have 13 children 11 of them adopted they saw a need for kids from a variety of backgrounds who need love in a stable home imagine their surprise when CPS showed up on their doorstep The ends justify the means

00:41 Why? The school called CPS when they discovered the gates pinned a baggie with food wrappers inside the shirt of one of the kids who was caught stealing. It included a two-page explanation and who to call if there were questions The school did make a phone call to Child Protective Services. How can you take 13 kids? Gates was shocked to find CPS workers in his home uninvited. That opened my eyes to a whole new way of government, especially when CPS refused to leave and might being naive I really kind of fell back on this Fourth Amendment thing You know your kind of raised that you had protection in the home gates said it didn't matter at the end of that day

01:22 six deputies and five CPS officials came into our house and removed all 13 children in emergency taking. One by one, all 13 of the Gates' children were remove from their homes loaded into a paddy wagon and taken to foster homes That's wrong! It was done without a court order under what is called an emergency removal The law allows it only when there's a danger to the physical health and safety have a child and the need for protection so urgent removal as necessary What was the danger? The reason they later on said in court is, well we felt Mr. Gates was uncooperative and his uncooperativeness with us put the children at risk First thing Monday morning the Gates were in court The judge ordered CPS to return the children immediately but to be safe the judge ordered an independent evaluation Psychologist Jay Bevin conducted a home study He wrote a glowing report concluding with

02:12 I've never said this about anyone I've ever evaluated. I admire the Gates, and would not hesitate to place my own children in their care." According to court records CPS's response was both the department and CASA have found Dr. Bevins report disappointing. You would think they'd be saying you know what this is great we don't need to be involved here let us go on to somewhere else where there is some real issues but instead they say well were disappointed and they have just continued to dig in their heels. Even though the court dismissed the case against the Gates, CPS continues to classify them as child abusers in the state's central registry They said well we felt that you emotionally abused this one child and since all of the kids saw that...that is 13 counts of abuse

02:57 on those children and because your wife didn't stop it, that's 13 counts of emotional abuse from her. The Gates were never charged with any crime they are guilty based solely on the opinion of CPS they say such a system is unconstitutional you know anybody who has an interest in protecting their child...CPS spokesman Chris Van Dusen says the findings are based on the department's investigation and no court has ever ruled it unconstitutional I haven't heard a lot of complaints uh..you know I know certainly there We go through administrative reviews and people have those determinations, have those findings reviewed. But I haven't heard a great deal of complaint about them."

03:37 Well, the Gates are certainly complaining. They've spent the last eight years and $175,000 trying to get their names removed from the registry and like them a number of parents have appealed they've increased 265% in the past two years now it can be a lengthy and sometimes expensive process but the gates say it's worth it to clear their name Ron and Judy Well, the Gates are also challenging other practices by CPS. They say CPS can come into your home search it and take your children without a warrant or court order. They say not even the police sheriff or FBI can do that The Gates have founded a non-profit organization called the Texas Center for Family Rights to help other families dealing with CPS And they're currently representing some of the mothers whose children were removed by CPS during the raid on the FLDS ranch last April