Child Protective Services (CPS) Reform Proposals
Problem #1: CPS Violates Fundamental Rights Guaranteed By The Constitution
The CPS organization currently operates outside the confines of the Constitution of the United States of America. Its operations directly override the Constitution in the following ways:
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CPS allows accusers to remain anonymous. This is against the Sixth Amendment, which states that a person has the right to face their accuser.
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CPS does not allow for a trial by jury. This is against the Seventh Amendment, which allows for a trial by jury of one’s peers.​
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CPS does not follow due process, which is guaranteed by the Fourteenth Amendment. Lawyers typically advise their clients to comply with CPS demands. Otherwise, CPS could “make their lives a living hell”. This is not due process. This is not rule of law. This is tyranny.
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CPS operates under the premise that the accused is guilty until proven innocent. This is the opposite of what the Founding Fathers intended with the criminal system. They intended for a system that assumed a person is innocent until proven guilty. While this is not specifically spelled out in the Constitution, it is heavily implied in the 5th, 6th, 8th, and 14th Amendments.
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CPS puts individuals in double jeopardy. Even if a person is found not guilty in a court of law, the CPS system can still convict that individual of the same crime and also apply a lifelong sentence. This is against the Fifth Amendment, which specifically forbids double jeopardy, or being tried again for the same offense in the same jurisdiction.
“At CPS, it’s a separate—a different way of looking at things. They go by a different evaluation [than the Constitution].”
~Shelly Clark, CPS
Problem #2: Innocent Children Get Punished
CPS maintains permanent records for the child even when it is determined no abuse occurred. The allegations of child abuse remain on the child’s record for the rest of their life, even when it is determined the accusations are unfounded or unsubstantiated. This can affect that child’s future employment and career opportunities. Children are being punished when their parents are NOT guilty, regardless of whether the parents are guilty or not guilty, the children get punished for the rest of their lives.
Why is it okay for CPS to punish the victim of a crime? Or worse, the victim of a false accusation?
Problem #3: Innocent Parents Get Punished
CPS keeps permanent records of child abuse allegations, even when investigations find no evidence of abuse. These records, including unsubstantiated accusations, remain with the parent for life, potentially impacting their future employment and career opportunities. This system incentivizes false accusations and enables unsavory people to use CPS as a harassment tool for parents they don’t like.
Problem #4: Victim Children Do Not Get Help
Overriding the Constitution is unintentionally harming child abuse victims. Overriding the Sixth Amendment and allowing anonymous accusations have led to a surge in malicious CPS calls. By law, CPS workers are required to follow up on every call, even if they are false. This bogs down the system, making it harder for CPS workers to respond promptly to genuine cases of abuse. As a result, children in real danger are left waiting longer for intervention, while false harassment calls divert critical resources.
Allowing anonymous accusations opens the door for harassment towards law-abiding citizens. The 6th Amendment was designed to prevent using the police, CPS, and law enforcement as a harassment tool.
The Solution: CPS Should Become Integrated
CPS should undergo a fundamental reform by becoming part of local law enforcement rather than operating as a separate entity outside the Constitution. Local police or sheriff departments should absorb CPS agencies, requiring them to follow the same laws and protocols as other law enforcement agencies. Police officers and deputies should receive specialized training in handling child abuse cases, similar to current CPS employees. This integration would align CPS with the proposed police reforms—such as mandatory bodycam and bail changes—aiming to reduce abuse of authority and provide more effective help for children in need.
"This Constitution…shall be the supreme Law of the Land; and…any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
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Constitution of the United States, Article VI, Clause 2
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