Legal Question in Constitutional Law in California

Strip searching our 3 and 4 year old grandchildren without parents knowledge!

Our Son in law was getting custody of his daughtor from a previous relationship. The mother was losing custody because of drug use. When the mother was about to lose custody, charges of abuse were put on our son in law. A cps employee has since entered their house twice and searched the house without permission. She then went to the childs school and pulled their daughtor out of class along with the daughter of our other son and stripped the children of all clothes and searched them without the parents having any knowledge of it happening untill hours later. I am sure this is against their constitutional rights. There has to be some criminal or cival action we can take. We just don't know what to do. Please help.


Asked on 5/02/09, 2:17 am

1 Answer from Attorneys
David Beauvais David J. Beauvais

Re: Strip searching our 3 and 4 year old grandchildren without parents knowledge!

Social workers are required to comply with the constitution just like police officers. Unless the social worker had a warrant or the social worker reasonably believed the children were in immediate danger of serious bodily injury, the entries into the house were unlawful.

I cannot imagine a situation where a social worker could strip search a child without first getting parental consent or a court order unless the child is obviously injured and the exam is conducted by a doctor for the purpose of emergency treatment rather than investigation of abuse.

What happened here is similar to other cases I have handled over the years. If you would like to consult with me about it, please call after May 12. I am out of the country until then.

David Beauvais, Esq.

1904 Franklin St. Suite 800

Oakland, CA 94612

Read more
Answered on 5/02/09, 5:19 am


Related Questions & Answers

More Constitutional Law questions and answers in California