ACLU, CONSERVATIVE AND LIBERTARIAN GROUPS FILE BRIEFS

ON BEHALF OF TCFR FOUNDERS IN CPS APPEAL TO 5TH CIRCUIT



Yesterday the ACLU issued a press release stating, "Today, the
American Civil Liberties Union Foundation of Texas joined with leading
conservative and libertarian organizations to file a brief with the U.S. Court
of Appeals for the Fifth Circuit in support of the Gates family, in a case
involving a warrantless raid of the Gates home and seizure of their children by
the Defendants, Texas Department of Family and Protective Services (CPS) and
Fort Bend County Sheriff's Office."

Texas Eagle Forum, the Liberty Legal Institute, the Texas Home
School Coalition, and the Libertarian Party of Texas joined with the ACLU in
this amici curiae filing. The Home School Legal Defense Association
additionally filed a separate brief on behalf of the Gates family. Gary and
Melissa Gates are the founders of Texas Center for Family Rights.

Over six years ago CPS removed all thirteen of the Gates children
(11 adopted) without a court order, without consent and without an emergency.
The Gates family filed a suit in federal court in February, 2002. Following a
settlement with the school district which made the call to CPS and the dismissal
of other defendants by the district court judge, the family appealed to the 5th
Circuit with regard to CPS and the Sheriff's Department defendants.

The press release asserted:

"The brief argues that Defendants violated the Gates' Fourth Amendment right to
be free from unreasonable search and seizures, their heightened procedural due
process rights triggered by their paramount liberty interest under the U.S.
Constitution to direct the upbringing of their children, and their analogous
rights as recognized by the Texas Constitution. The brief also maintains that
Defendants' routine practice of conducting such warrantless seizures of
children, even in the absence of any immediate danger of physical abuse or
emergency, is contrary to Texas law."



The Executive Director of the ACLU of Texas, Will Harrell, added that while the
groups filing the brief understand CPS has a legitimate purpose, they share the
concern that CPS "regularly oversteps constitutional bounds and that in our free
society, there is a dire need for a bright-line restriction on their ability to
intrude into the private lives and homes of Texans."

Following a call at approximately 8:30AM on Friday, February 11,
2000 by the school district to CPS alleging emotional abuse, 10 year old Travis
Gates was briefly interviewed at the school, then seized and held all day by CPS
without a court order, without consent and without an emergency. Three of his
siblings were interviewed at school and returned to their classes. The CPS
caseworkers then ate lunch and approximately 3:30PM were joined by the Sheriff's
Department to go to the Gateses' home to interview other children. Prior to
that time Gary Gates went to the local CPS office to speak with the original
caseworker and informed her that he did not consent to interviews.

From about 3:30PM until 7:30PM CPS and the Sheriff's Department were at the home
interviewing other children. Eleven children were getting ready for bed when
one of the deputies yelled, "The jail wagon is here!" and all of the children
were abruptly herded out of the home into the vehicle on their way to foster
care. The oldest son was removed from a school honor society dance that evening
and Travis, the child about whom the original report was made, had been in CPS
custody all day. Three days later on Monday morning at the first court hearing
held, the judge ordered the children returned to their family though CPS
maintained its lawsuit against the parents and threatened continued monitoring.

As appellants the Gates family has focused on the illegal entry and
seizures at their home, and the illegal seizures at the schools as well as the
custom and policies of CPS and the Sheriff's Department in Fort Bend County to
routinely remove children without a court order, consent or an emergency.

The ACLU press release can be viewed by clicking here.

The amici curiae brief filed by the ACLU, Texas Eagle Forum, the
Liberty Legal Institute, the Texas Home School Coalition and the Libertarian
Party of Texas can be viewed by clicking here.

Respectfully,





Peter H. Johnston, J.D.

President





Texas Center for Family Rights (TCFR) does NOT offer legal advice.
Correspondence and materials transmitted are for informational and
educational purposes only.

DO NOT ACT OR RELY upon the resources and information available from TCFR
without seeking professional legal advice.

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TCFR knows of attorneys in select areas throughout Texas if you would like a
recommendation.

TCFR continuously seeks to expand its listing of attorneys who will handle
CPS cases on behalf of parents. Please contact us with recommendations.


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Texas Center for Family Rights is located at:
2205 Ave. I, Suite 121
Rosenberg, Texas 77471.
Telephone: 281-344-8878
Fax: 281-633-8816
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