In what is seen as a victory for parental rights, the U.S. 9th Circuit Court of Appeals has ruled in favor of Arizona parents who had their 3 children removed from their home simply because they had taken photos of them after a bath when they were laying on a towel naked. They went to develop the photos at a Walmart, and an employee reported them to the police who were called in to investigate.
The police investigation was extensive, including medical and forensic exams of the children looking for sexual abuse, as well as obtaining a warrant to search the family's home, where police "seized all the evidence that might be relevant to a child pornography investigation: computers, printers, photographs, cell phones, undeveloped film, floppy discs, DVDs, CDs, VHS tapes, and cameras."
Police found no evidence of wrongdoing, so no charges were filed against the parents, and the children were returned home.
However, Arizona social workers with a participating police detective decided to remove the young children from the home anyway, even without a court issued warrant. The children ended up in foster homes, but then later placed with their grandparents, and eventually returned home.
The family sued the police detective and settled out of court, but Arizona courts ruled against the family suing the social workers citing state "Qualified Immunity" laws for social workers.
The 9th Circuit disagreed, ruling that social workers are not above the law, and cannot violate the 4th and 14th Amendments, and that the courts have consistently ruled that families have a “well-elaborated constitutional right to live together without governmental interference.”
