The 14th Amendment and Child Services Visits, Here's how I encoorperated them

The 14th Amendment of the United States Constitution is a vital component of our legal framework, guaranteeing fundamental rights and ensuring equal protection under the law. While primarily associated with issues of race and citizenship, the 14th Amendment also plays a significant role in safeguarding parental rights. In the context of child services visits, understanding the protections afforded by the 14th Amendment is crucial for parents navigating such situations. This article explains the relevance and application of the 14th Amendment in child services visits and highlights its significance in protecting the rights of parents.
The 14th Amendment's Due Process Clause ensures that individuals are afforded fair treatment and procedural protections in legal proceedings. This clause applies to child services visits, as parents have a constitutional right to notice, an opportunity to be heard, and a fair process when their parental rights are at stake.
In my situation I was given no notice whatsoever to an investigation or complaint filed against me. This violated my due process rights.

Child services agencies must adhere to these principles, providing clear reasons for the visit, informing parents of their rights, and allowing them to present their side of the story during the investigation. Though I have never heard of a social worker actually doing so.

The 14th Amendment's Substantive Due Process Clause protects certain fundamental rights, including the right to parent and make decisions concerning the care, custody, and control of one's child. This clause establishes that the government's interference with these rights must meet a high standard of justification. Child services visits must be based on reasonable suspicion or evidence of child abuse or neglect, ensuring that the intrusion into a family's private life is justified by compelling reasons.
In my case the social worker denied me this right.

The 14th Amendment's Equal Protection Clause prohibits government agencies from engaging in discriminatory practices. Child services visits must be conducted in a non-discriminatory manner, treating all individuals equally regardless of their race, ethnicity, religion, gender, or other protected characteristics. Parents have the right to be free from discriminatory treatment during the investigation process, and any disparities in the treatment of different families may raise constitutional concerns.
My family has been given harsher restrictions than others and there is no justification behind it.

Child services agencies have the responsibility to protect children from abuse and neglect, which sometimes requires intervention. However, the 14th Amendment recognizes the importance of striking a balance between parental rights and child protection. The government's intervention into family life must be necessary, narrowly tailored, and based on objective evidence.
In my case the intrusion was not justified or lawful. It is essential for child services agencies to consider less intrusive alternatives and work collaboratively with parents to address concerns, while respecting their constitutional rights.
Making one visit to my home before filing a complaint to obtain court orders to enter my home, order forcing compliance and an order granting the agency protective supervision violated the law as there were no exigent circumstances present, no abuse, no neglect no reason to obtain the orders.

The 14th Amendment serves as a crucial safeguard for parents involved in child services visits, ensuring that their constitutional rights are respected throughout the process. The Due Process Clause guarantees fair treatment and procedural protections, while the Substantive Due Process Clause protects parental rights from unwarranted government intrusion. Additionally, the Equal Protection Clause ensures non-discriminatory practices in child services investigations. By upholding the principles embedded in the 14th Amendment, child services agencies can fulfill their mission of child protection while respecting the fundamental rights of parents.

My rights were undoubtedly violated and my family has been wrongfully seperated for longer than 6 months now which in turn has led me to filing a 42 USC 1983 claim in the higher court. I have no clue how this will turn out but I haven't lost all faith yet in our justice system. I have faith that the situation will turn out the way it should and NY family shall be restored. Learning how to represent myself in court has been a task but maybe it will be worth it in the end fingers crossed

Photo byD.C.