By: Rachel Lynn Frey of Colorado, Ashley Clarke of California
FUNDAMENTAL FAMILY CONSTITUTIONAL RIGHTS
The fundamental right to family integrity is one of the oldest and most essential liberties protected by the United States Constitution. This sacred bond between parent and child, recognized by the Supreme Court as a fundamental right protected under the 14th Amendment, forms the cornerstone of our society. However, in today’s complex legal landscape, families increasingly face challenges that threaten these constitutional protections, particularly in interactions with child welfare systems and family courts.
Despite constitutional guarantees, many families find themselves navigating a complicated bureaucratic maze without adequate safeguards for their fundamental rights. Parents, especially those from marginalized communities or those with disabilities, often face significant barriers in maintaining their parental rights and family unity. The current system, while designed to protect children, sometimes inadvertently undermines the very family bonds it should preserve. Research shows that unnecessary family separation can cause lasting trauma, affecting both children’s development and family stability.
This comprehensive policy proposal aims to strengthen and protect these essential family constitutional rights through systematic reforms. By implementing robust accountability measures, ensuring transparent proceedings, and providing specialized advocacy, these reforms will help bridge the gap between constitutional principles and practical protection of family rights. The following detailed provisions are designed to safeguard families while maintaining necessary child protection measures:
These reforms recognize that protecting family constitutional rights requires both procedural safeguards and substantive support. The proposed measures create a balanced framework that:
Upholds the fundamental right to family integrity
Ensures due process in family court proceedings
Protects against unwarranted state intervention
Provides equal protection under the law
Supports families in maintaining unity when possible
Recognizes diverse family structures and needs
Balances child welfare with parental rights
Policy Proposal:
Accountability and Transparency:
Eliminate qualified immunity for DHS with specific exceptions for good-faith actions
Implement a three-tier review system for removal decisions
Establish mandatory documentation requirements
Create a public database for tracking complaints and resolutions
Set 72-hour maximum timeline for post-removal judicial review
Require monthly public reporting of removal statistics
Digital Recording System Implementation:
Install redundant audio-visual recording systems with backup capabilities
Mandate minimum 1080p video quality and professional audio standards
Require secure cloud storage with 10-year retention period
Implement automated transcription with human verification
Establish technical support team for system maintenance
Create emergency protocols for system failures
Annual system audits and updates
Citizen Advisory Council Structure:
15-member council composition: 5 legal experts, 5 child welfare professionals, 5 community members
Rotating 3-year terms with staggered appointments
Monthly public meetings with published minutes
Authority to investigate complaints within 30 days
Quarterly reports to state legislature
Independent budget allocation
Whistleblower protection provisions
Court-Appointed GAL Selection Process:
Implement randomized selection system from qualified GAL pool
Establish minimum qualification requirements
Require annual performance reviews
Create standardized training program
Implement conflict-of-interest screening
Set maximum caseload limits
Require monthly reporting of case progress
Professional Expert Advocates for Disabled Parents:
Minimum qualifications: JD with ADA specialization or Masters in Disability Studies
Required 40 hours annual continuing education
Establish assessment protocols for accommodation needs
Create standardized documentation templates
Implement regular case review meetings
Develop partnership with disability rights organizations
I agree with your proposal for an emphasis on parental rights. While the state has an obligation to aid children in some circumstances, there need to be safeguards in place to protect parents from overreach and ensure that the goal is supporting and not undermining the family unit.
The government has no obligation into family lives period. We voted Trump to help make government smaller. Not bigger. 2023, the federal and state governments spent $6.4 billion on the Child Support Enforcement (CSE) program. Thats an example of overeach. Its not taxpayers jobs to fund everyones failed relationship’s and children and families! Men and women can start being responsible adults! You know like 150 years ago! If you get in a relationship, its on you both if you dont stick together and have kids. Not the government.
When I stated that “the state has an obligation to aid children in some circumstances”, I was referring to cases such as orphans or serious abuse, etc. In these circumstances, if children have no family or support system, there is no other option for those children than the state doing something to support them. If they didn’t then people would be screaming about that.
I do not think most people are asking the government to get more involved in their lives, but actually want them less involved. All families have problems or go through hardships and 150 years ago people could deal with their issues without fear of overreach. Today we have record numbers of people pulling their kids out of school (understandable) because they are scrutinized for their personal faith or vaccine hesitency, etc… it should not be this way. The government should not be looking for reasons to undermine parents and families.
You pointed out that “We voted Trump to help make government smaller. Not bigger. 2023,”. This is a site to submit policy proposals to aid our incoming administration, and though we all have all personal grievences, that is not what the site is here for. The fact that this administration is crowdsourcing policy proposals is unprecedented and gives me great hope for common-sense solutions to these problems.
I do not know the original poster here and do not know her exact personal experience, nor do I know yours. Whether or not her policy is the solution, I do think it’s great that she is attempting to use this opportunity to provide a detailed outline of what she thinks will help safeguard the constitutional rights of parents. This is the only way things will change.
There is no due process in Family Court and children are removed from their homes daily, illegally and not placed with relatives who are told relative placement is not an option, which is also illegal. And the children are brainwashed and drugged and told they weren’t wanted. That they were given away, just to make sure they don’t look for their birth family. Been there.
This happens unfortunately from child support as well. They took half my income. I was forced to move farther away, back home. Away from my kids. It was 50/50 custody but i always had to work 2 jobs. Between work, distance they financially pushed me out of kids lives. My children now favor the new boyfriend. I saw my youngest kiss him on cheek at my older daughters graduation party. I knew then it was too late. It hurts. My wife had cheated. No consequences for her actions as a mother or spouse, the state punished me financially, i did nothing wrong to deserve that. Her cheating, divorce cost me my kids. Its wrong what courts do to families. How many kids think the other parent doesnt care and are replaced. My oldest two I adopted. There real father never wanted them, signed them over. I did that as a act of love for them. Now years later they dont even care I was the one helping take care of them.
Yes unfortunately that is all very true and so many other fathers have paid and the result was pushing the fathers out of their lives it’s just disgusting and it all needs to be looked at and abolished and start over… mine was taken after birth based on allagations of neglect of sibling. Later allagations were proven false but the case with my newborn was already so far along that the foster family wanted to adopt. No matter what I did and even tho I completed everything the courts asked me too. I didn’t get my baby back cause she was adoptable there was no harm done to her or her older sister. Now I have lost my rights and she was adopted out and now I don’t have any idea where she is and my oldest daughter no longer is allowed to have any contact either. Like that is just plain evil to take her baby sister away from her. And now the foster family has up and moved from there home and I have no idea where she is. It breaks my heart to think about…
I have a friend who works in fostering. The kids get bounced around sooo much. Babies and toddlers need stability. The bad behaviors is in part because they are not only taken from parents but no stable home or consistency.
Child support enforcement is a joke and I was REQUIRED to fill the form for them out when he left us and I was applying for assistance, to which I regret to the fullest now. They were more useless than my CPSW. I didn’t want his money and I didn’t want him to be burdened by not giving me his money, I cut back his weekly and knocked off thousands so he didn’t lose his license. I also didn’t want to be forced to deal with him nor have my daughter since it was his decision to leave when she was born, and left the state. She was forced by dispositional orders so was I to have to talk to him and she even told as forced to FaceTime with him. She didn’t want to and she has abandonment issues because of him. Thanks NH, for all your help.
Child support should not exist. I know many women, just like with abortion dont want to hear it. But the fact is we need to make people responsible again. That includes relationships. Its not taxpayers job to fund and enforce child support. There is a responsibility of choosing better relationships. In 2023 we spend 6.3 billion on child support enforcement. The states profit from enforcing it. Judges are to be neutral impartial. But they are not. Its in there, the states best interest to enforce support. Thats unconstitutional.
