Texas: Katie Wernecke and Family Are Suing CPS, Six Social Workers, Nueces County, and Two Deputies
Katie Wernecke, 14, was taken from her family by CPS two years ago, not because she was being abused or neglected, but because CPS agents and doctors didn’t agree with her parents’ decisions regarding her cancer treatment. At the age of 12 Katie, a resident of Agua Dulce, Texas, had Hodgkin’s disease. Her parents sought an alternative treatment for her. That right was denied to them.
CPS took Katie Wernecke from her family and forced her to undergo court ordered medical treatments. A judge allowed her to go home in November 2005, and though the family is grateful to have been reunited they believe their Constitutional Rights were violated. The lawsuit, filed by a Frisco, Texas attorney, is based on violations of the Fourth and Fourteenth Amendments to the US Constitution.
The Fourth Amendment protects citizens from unreasonable search and seizure. CPS child detentions are considered a seizure. The Fourteenth Amendment protects property and legal rights, and ensures that citizens have due process rights.
Many people have sued CPS in Federal Courts based on the violation of these Constitutional Rights.
Source: Wernecke family suing Nueces County, CPS by Erin Cargile of KRIS-TV.
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The Fourth Amendment to the US Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourteenth Amendment to the US Constitution:
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The family in TX has remained strong and committed to abolishing DFPS’ excessive intrusions.
Imagine if you were a young teen, taken away from everyone known and familiar to you, to suffer having dangerous chemicals pumped into your veins.
This is extreme interventionism of the worst order. I hope the family is able to prevail.
Hope Katie continues on a healthy course. She has my prayers to continue to lead a healthful, safe life.
Comment by Fern — June 16, 2007 @ 5:57 am
These particular kinds of cases are the most egregious of all. It is a fundamental right to decide for oneself and one’s family what type of medical care to accept or decline. As a doctor myself, I can say there are always a large variety of treatment options and choices. The government has NO RIGHT to dictate which course of treatment an individual chooses and certainly not to the point of taking someone’s child. Unfortunately this is a COMMON story, and most state laws protect CPS and they cannot be “held accountable” for their unlawful and unconscienable actions.
Comment by Laura Szeremi DVM — June 16, 2007 @ 8:31 pm
please help me cps is totally messed up my families life i need help fighting these people they need to be stopped
Comment by penny arnold — June 20, 2007 @ 10:14 am
Hi i live in south carolina i have been framed up by the cps twice they have destroyed my life and my health and home they threaten me not to go public but i need to find a lawyer in sc to sui the cps my story is awaful please give me some advice help me find a lawyer my case is closed .SINCERLEY JANNIE LOLLIS
Comment by jannie lollis — October 18, 2007 @ 8:54 am
Good luck finding a lawyer. I have been looking for one for 10 years now to no avail. They fear them to much to get involved. I swear there is no help out there. Thats what I feel like. All we do is talk and that seems fruitless these days. No action. Why can’t we be heard like the milion man march? Or the Bonus Army?
Comment by Kelly — January 16, 2008 @ 9:31 am
KELLY I HAD A LAWYER FOR MINE AND MY WIFES CASE INVOLVING OUR 2 GIRLS BEING TAKEN AWAY BY CPS ON LIES. HE SAID HE REALLY LIKED TO FIGHT IN COURT BUT WHEN IT CAME TIME TO DELIVER HE BASICALLY PUT HIS TAIL BETWEEN HIS LEGS AND DIDNT SAY MUCH TO THE JUDGE. I GAVE HIM A LIST OF THINGS TO SAY TO THE JUDGE BUT HE LOOKED AT IT AND SAID I CANT SAY THAT. IT SEEMS LIKE THE LAWYERS ARE SO AFRAID OF THE JUDGES AND THE JUDGES ARE THE ONES IN CHARGE OF THE COURTROOM. BUT THEY SEEM AFRAID TO GO AGAINST CPS. THEY HAVE NO BACKBONE TO SAY TO THE CPS PEOPLE PROVE TO ME THE STUFF YOU ARE ACUUSING THESE PEOPLE OF INTEAD THEY JUST LISTEN TO EVERYTHING CPS SAYS LIKE ITS ALL TRUE /UNREAL!!!!
Comment by SCOTT A. — January 16, 2008 @ 10:50 am
I hyave tried to sue DHS but attorney general keeps dismissing my case I even took it to Federal court Mr Charles Phillips wants to hide behind it I even tried toget a court appointed attorney and again Mr Charles Phillips put a request for me not to have one he o many times keeps dismissed my case same as I was tryinh to take my exinlaws to court who stold my children from me so that they can get money from them Mr Charles Phillips dismissed the case again Mr Charles Phillips should also go to jail because he volated my rigfhts to many times and he knows that i got evidence and proof that my exinlaws and DHS are lieing
Comment by Terri — May 17, 2008 @ 9:04 am