The Case Against Child Protective Services: Why It’s Time to Abolish CPS

AP Photo/Darron Cummings


In America, the idea of family is sacred. The home is supposed to be a place where parents raise their children according to their values, free from unnecessary government intrusion. Yet, for too many families, Child Protective Services (CPS) has turned that ideal into a nightmare. Armed with unchecked power, CPS often removes children from their homes without due process, ripping families apart based on flimsy allegations, anonymous tips, or outright fabrications. It’s time to recognize the truth: CPS is a broken system that operates outside the bounds of constitutional rights, and it should be abolished.

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Child Protective Services (CPS) as we know it today evolved over time rather than being created by a single act of legislation or under one specific federal agency. The idea of child welfare intervention in the U.S. dates back to the late 19th century, but the modern CPS system was largely shaped by federal policies in the 20th century.

The first child protection agency in the U.S. was the New York Society for the Prevention of Cruelty to Children (NYSPCC), founded in 1874 after the famous case of Mary Ellen Wilson, a severely abused child. This case set a precedent for state intervention in child welfare. Over time, states began developing their own child welfare agencies, but there was no centralized federal oversight.

The Social Security Act of 1935 marked the federal government’s first major role in child welfare, creating Title IV-B, which provided funding for child welfare services.

The Child Abuse Prevention and Treatment Act (CAPTA) of 1974 was the first federal law requiring states to establish procedures for investigating child abuse and neglect. This law led to the formalization of CPS agencies in all 50 states.

The Adoption Assistance and Child Welfare Act of 1980 and later the Adoption and Safe Families Act of 1997 further shaped CPS policies, emphasizing foster care, adoption, and permanency planning.

CPS itself is not a federal agency but is run at the state level. However, the U.S. Department of Health and Human Services (HHS) oversees national child welfare funding and guidelines through the Administration for Children and Families (ACF).

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The creation of the Children’s Bureau within the Department of Labor in 1912 was one of the earliest federal efforts to address child welfare. This later moved under HHS when it was established in 1980.

Originally, CPS and related child welfare laws were intended to protect children from severe abuse and neglect. However, the system has expanded its reach dramatically, often intervening in cases where families are simply struggling with poverty, medical disagreements, or bureaucratic misinterpretations. The incentive structures tied to federal funding have created perverse motives where removing children is financially beneficial for states and foster care agencies.

The mandatory reporter is another culprit. The concept of mandatory reporting in the United States emerged in the early 1960s, driven by a growing recognition of child abuse as a significant societal issue. By 1967, all states had enacted laws requiring certain professionals to report suspected child maltreatment. 

The aforementioned CAPTA mandated that states implement mandatory reporting laws as a condition for receiving federal funding for child welfare programs. While CAPTA set the framework, it granted states the discretion to define who qualifies as a mandated reporter and the specific procedures for reporting. 

Typically, mandated reporters include professionals who have regular contact with children, such as healthcare providers, teachers and school personnel, social workers, law enforcement officers, and childcare providers.

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In summary, mandatory reporting laws were instituted to protect vulnerable children by ensuring that professionals who are in positions to identify abuse report their suspicions to the appropriate authorities.  However, this policy has caused far more harm than good with unchecked authority and flagrant rights violations. 

The mandatory reporter system has become a weapon against families and a tool for state overreach, putting innocent families under suspicion at the slightest complaint. The idea that any professional who even suspects abuse must report it has led to countless wrongful investigations and devastating family separations.

A rebellious teenager angry at her parents can make one emotional accusation, and CPS will swoop in without evidence. A bitter ex-spouse in a custody battle can weaponize false allegations, knowing CPS will default to removing children first and sorting out the truth later. In far too many cases, CPS takes custody without cause, forcing parents to fight for years—sometimes even a decade—just to get their children back.

Meanwhile, the judges who are supposed to protect constitutional rights are failing at their jobs. Instead of ensuring due process, they rubber-stamp CPS recommendations without truly hearing cases. And who are these CPS workers making life-altering decisions? Most are young, inexperienced college graduates with no real-world understanding of family dynamics. They follow a bureaucratic checklist, removing children based on policy, not facts.

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Now that the Chevron deference has been overturned, CPS no longer has unchecked authority to make and enforce its own rules. Judges must start recognizing this. They can’t keep blindly approving CPS actions without hearing all the evidence. The law must require jury trials in cases where a parent's fundamental right to raise his or her child is at stake.

And most importantly, the mandatory reporter system needs to be abolished. It has turned innocent families into permanent suspects, ensuring that false reports, misunderstandings, and vengeful accusations can lead to state-sanctioned child kidnapping.

For too long, Child Protective Services and its allies have operated outside the bounds of the Constitution, shielded by secrecy, corrupt statutes, and a legal system that refuses to fight back. That time is over.

The American-Made Foundation has formed the United Law Coalition, a national network of legal experts, constitutional attorneys, and fearless advocates dedicated to exposing and dismantling the unconstitutional overreach of CPS, state agencies, corrupt judges, and complicit lawyers.

To those in power who have profited from the destruction of families, who have ignored due process, and who have trampled parental rights under the guise of child welfare—we are coming for you. The days of hiding behind unconstitutional statutes are over.

If you are a judge rubber-stamping illegal removals, if you are a CPS worker abusing your authority (and you ALL are), if you are a lawyer who refuses to challenge these unlawful statutes, you will be exposed.

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The United Law Coalition and the American-Made Foundation are prepared to educate the public and take legal action against every state and agency that refuses to adhere to the Constitution.

To the parents and families who have suffered—know this:

You are not alone. You are not powerless. And this fight is just beginning.

The American people are waking up. And justice is coming.

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