Child Abuse Laws

When the shift sergeant advised me that my four o'clock appointment was in the lobby, he smiled as he whispered, "And these little heathens are out of control!" Soon, mom and dad were sitting in my office with the three unruly children. Recent run-ins with the law by the thirteen-year-old boy had prompted our conference. The parents sat wringing their hands as I ordered the children for the second time to sit in their chairs.

Mom indicated that it was about four months ago that the youngest boy had been spanked for talking back to his father. The next day, there was a knock on the door by a female in her twenties, who identified herself as a child abuse investigator from the Department of Children's Services. She advised mom that she was required by law to interview all of the family members. She inspected the home and interrogated each child alone. She scheduled the parents for "anger management classes," which they were attending once a week at their own cost. They were instructed not to spank the children, and were to report to the county office with the children once a month. Dad told me that the woman never showed them any court order or warrant. The children were no longer listening to instruction.

I am amazed at the number of parents I have met who have allowed government officials into their home against their will, who have trudged off to parenting classes, and have allowed strangers alone with their children, all without being shown any court order signed by a judge. I wish it had been that easy when I tried to enter a criminal's residence without a warrant to search for contraband. Unfortunately, the criminal element is much more street-wise than the law-abiding citizen.

The fourth Amendment of the United States Constitution states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Our own law in Ohio, section 2933.22 of the Revised Code, reflects the same thought, using the exact same wording.

Let's suppose that as a police officer, I suspect that the local bike thief, Sammy Schwinndler, is stealing bicycles and keeping them in his basement. Before I can enter that person's home to search for the bikes, I must obtain a warrant. I am required to appear in front of a judge with any evidence I have gathered. I must have any witnesses that have observed the bikes in his house. In other words, I must present probable cause to the judge. We must swear under oath or affirmation that the evidence we are presenting is true. I am required to state specifically what I am expecting to find, and where I am going to find it. I cannot admit anonymous tips as evidence. The court won't accept them. If the judge does give me the warrant, I can't be looking in Schwinndler's desk drawers. Stolen bikes wouldn't fit there. The search and seizure laws are very specific ("particularly describing the place to be searched, and the persons or things to be seized"). They are also very tough on the police officer. It's not easy to get a warrant. But I had better have one before I enter someone's house. That is, unless they let me in when I ask!

In exactly the same manner, a child abuse investigator must have a warrant or court order issued by a judge in order to enter your home against your will. They must have probable cause that you have committed the crime of abuse or neglect against your child. We've discussed in past issues what actually constitutes child abuse. They must describe the abuse to the judge, and present any evidence they have collected. Remember, anonymous tips do not count! With the authority of the court in hand, the county worker can then knock on your door and advise you that they are coming in. Without the court order, they have no authority. That is, unless you let them in!

Often, the social worker uses intimidation and deceit in order to scare the parent into allowing them entry into the home. You've heard the old line, "We can do this the hard way, or we can do this the easy way." I have heard of child abuse investigators telling parents that if they are not allowed entry immediately, they will go get a warrant, and when they return, they will take all of the children away and place them in foster homes. Listen folks, I can tell you from years of experience trying to enter criminal's homes, I never showed up at the door without a warrant IF I HAD ENOUGH EVIDENCE TO GET ONE! Don't ever fall for the deceitful phrase, "I'll go get a warrant if I have to." If the investigator has enough evidence, they will already have the warrant in their hand.

Many parents feel that if they cooperate with the investigator, they will be treated better in the long run. Unfortunately, that is seldom the case. Many of the cases I worked on as a detective were solved simply by questioning those involved. Many times, the investigator will generate probable cause after they begin their interrogations. Perhaps your child tells the investigator that daddy spanks them with a switch from the tree. The word "spank" turns into the word "hit." The switch from the tree is made of wood. The judge is then told that the child is being "hit" with a piece of "wood." Without really lying, the investigator has perhaps generated probable cause to obtain a warrant.

There is one simple rule about cooperating with a child abuse investigator who does not have a court order or warrant. DON'T! Advise the social worker that you will be glad to cooperate... when the court issues an order that you do so. Until then, the investigator is trespassing on your property. Remind them that Criminal Trespass is against the law.