Tuesday, February 22, 2011

SCOTUS to decide parental rights when kids are interviewed & examined for abuse

From the Examiner.com:
The Supreme Court of the United States has agreed to hear an extremely important case involving the rights of parents and children when caseworkers decide to interview and medically examine children for alleged abuse without a search warrant or the consent or involvement of their parents.

The case began in 2003 when Bob Camreta, a caseworker for Oregon's Department of Human Services, interviewed a young girl about alleged sexual abuse by her father at her school without her mother's consent. Camreta also allegedly refused to allow the mother to be present or nearby when her daughter was examined for sexual abuse by medical personnel.

The mother brought suit, saying that the caseworker had violated her and her child's Fourth Amendment and Fourteenth Amendment rights. A district court granted a summary judgment in favor of Camreta and the other defendants. The case ended up eventually in the Ninth District Federal Court, which reversed parts of the district court's ruling but also said that the caseworker had quasi-judicial immunity so that he was not liable for the breach of rights.

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