Legal Question in Family Law in Missouri

Hi, a couple in my church just got their kids removed by MO CPS, but there are no past or pending criminal charges. They are giving everyone a sort-of "gestapo" story about CPS, claiming that their kids were removed merely because a disgruntled relative filed a complaint. People who are close to this couple vehemently support them and claim their complete innocence; however I find it difficult to believe that a judge would write such an order without some reasonable suspicion, notwithstanding lack of hard criminal evidence, that the children are in some sort of danger. I don't want to allow this couple near the other children in our church; am I being unreasonable? Thank you so much for any help you can provide!


Asked on 10/04/12, 3:43 pm

1 Answer from Attorneys
Joe Hensley Hensley & Nicholas

You are correct to be cautious. There should have been a "Protective Custody" hearing within 72 hours of the children's removal from the home where a Judge would listen to the justification of CPS (actually, they are called "Children's Division" in Missouri). The bottom line is that children are not routinely removed "gestapo" fashion from homes, and even if they were, they would have had to explain it within 72 hours. Plus, it is the County Juvenile Office (a different entity than Children's Division) that files a petition to remove the children. Children's Division just does the investigation.

The bottom line is that it is probably a 50/50 chance the couple is right and it is a trumped up charge. It would not be the first time. However, it is a bit of an urban legend that Children's Division is a "gestapo" organization that enjoys taking children out of safe and happy homes. They don't, and even when they do, they have another agency that has to agree with them and then a Judge who reviews it in 72 hours, and again 30 days later in a Jurisdictional hearing.

So no, you are not being unreasonable.

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Answered on 10/04/12, 8:27 pm


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